Defective Products

What is Defective Product Liability?

When a person is injured by a defective product, they may be able to sue the manufacturer or seller of that product in a defective product lawsuit. In general, defective products law requires that a product meet the ordinary expectations of the consumer. If a product has a dangerous defect that causes an injury, a claim under defective products law could be appropriate. There are three types of defects with a product that may give rise to a defective products lawsuit:

• The product may have been defectively manufactured by the manufacturer itself.
• The product may have been defectively designed before it even reached the manufacturer.
• The product may have lacked appropriate warnings and instructions for the consumer to use it safely.

How to bring a Defective Product Lawsuit

A defective products lawsuit can present many complex legal issues. Defective product claims are based on state law and are brought under three different legal theories: negligence, strict liability or breach of warranty. Because defective products law varies from state to state, the process of suing if injured by a defective product can be very time consuming and require much research.

Defective Products and Negligence

The claim of negligence is a big part of defective products law. Too recover damages in a defective product lawsuit under a theory of negligence, a plaintiff must prove the following five elements:

• The manufacturer owed some responsibility to the plaintiff.
• The manufacturer did not fulfill their responsibility.
• The manufacturer's failure to fulfill their responsibility was the actual cause of the plaintiff's injury.
• The manufacturer's failure to fulfill their responsibility was also the proximate cause of the plaintiff's injury.
• The plaintiff suffered actual damages, other than damages exclusively to the product (i.e. physical injury), as a result of the manufacturer's failure to be responsible.

The responsibility that the manufacturer owes the plaintiff in a defective products negligence suit is how a reasonable manufacturer of the same product would have acted. In order to prove this element, experts in manufacturing will have to be hired. Proving this is crucial, but can take hours of speaking with an expert. Actual cause of injury in a defective product negligence suit is proven by showing that but for the manufacturer's action, the plaintiff would not have been injured by the product. Proximate cause in a defective products negligence suit is proven by showing that the manufacturer could have foreseen the risks of the product before passing it on to the consumer.

Defective Products and Strict Liability

Another type of defective products law theory that is frequently used in defective product lawsuit is strict liability. Under a strict liability suit, a manufacturer will be forced to pay for defects that occur during the manufacturing process, including failure to provide strong enough warnings. A strict liability defective products suit is probably the best option among the different types of theories because the manufacturer's intentions or awareness are irrelevant. In other words, in a defective products suit under strict liability, it does not matter if the manufacturer acted in a reasonable manner. However, remember that strict liability laws vary from state to state.

Defective Products and Warranties

A final defective product law theory that could be used in a defective product lawsuit is breach of warranty. A warranty is a guarantee that the seller gives the consumer regarding the quality of the product he or she is selling. There are three types of warranties:

• Express Warranty - if the seller makes any representations about the quality of the product.
• Implied Warranty of Merchantability – a promise that the product sold will work the way it is supposed to. It does not matter if the seller made any representations.
• Implied Warranty of Fitness for a Particular Purpose – a promise that the seller's advice regarding how to operate a product is correct.

The rules regarding which legal theory to use in a case may vary depending on the facts of the defective products claim, but an experienced product liability attorney will be able to determine which theory is best for any defective product lawsuit.

Common Defective Product Claims

There are some common products that lead to many defective product claims. Auto product liability is a very common claim. In addition to having to make sure their vehicles are safe to drive, automobile manufacturers are also responsible for ensuring that a vehicle protects the driver and passengers in the event of a collision. Some of the more common defects that give rise to auto product liability are: tire defects, brake malfunctions, SUV rollovers, and seatbelt malfunctions.

Another set of products that lead to many defective product claims are medical devices. Medical device product liability covers any device used by medical practitioners to treat an illness, injury or disability. In addition to any manufacturer of a medical device, the doctor who recommended the device and the hospital or clinic where the device was used or recommended could also be defendants in a defective product lawsuit.

Other than auto product liability and medical device liability, defective drugs are another common category of products that lead to defective product claims. A person who suffers an injury from ingesting a drug can bring a defective product lawsuit. Suits are brought against pharmaceutical companies who fail to test the drug properly or who manufacture the drug in unsafe ways. It is important to remember that some drugs have dangerous side effects that are outweighed by the benefits of the drug. If a person has taken such a drug, it could be hard to bring a defective product lawsuit against the pharmaceutical company responsible for manufacturing the drug if there were proper warning labels regarding the side effects. For example, a cancer drug to treat a stage four diagnosis with painful side effects.

If you or someone you know are injured by any type of product, whether it falls in one of the above categories or not, you should consult an experienced product liability attorney immediately.

Who to Sue in a Defective Product Lawsuit

In many defective products cases, entities besides the manufacturer can be sued. Some of the other possible defective product defendants include: any suppliers, wholesalers, sellers and distributors who may have handled the product on its way to the consumer. Plaintiffs in a defective products lawsuit must be aware of what they are up against. Whether the defendant is a seller or manufacturer, their reputation, as well a lot of their money is on the line and they will fight aggressively to defeat a case.