When consumers purchase a product, they trust that it has been designed and manufactured to meet safety standards and pose no harm when used as intended. Unfortunately, defects in products can lead to serious injuries or even death. In such cases, manufacturers may be held liable for the harm caused by their defective products. Due to this, our friends at David & Philpot, PL decided to shed some light on the responsibilities of manufacturers and the legal recourse available to consumers:
Types Of Product Defects
Before delving into manufacturer liability, it’s essential to understand the types of product defects that may give rise to legal claims. Product defects typically fall into three categories:
1. Design Defects: These occur when the design of a product is inherently unsafe, posing risks to consumers even when manufactured and used correctly. This might look like an air fryer that has been found to catch fire, even when used following the instructions provided.
2. Manufacturing Defects: These defects occur during the manufacturing process, resulting in individual products that deviate from the intended design and pose safety hazards. For example, glass might shatter and make it into food.
3. Marketing Defects: Also known as failure to warn or inadequate labeling, these defects involve insufficient warnings or instructions that fail to alert consumers to potential dangers associated with the product’s use. For example, maybe there is a part on the product that gets too hot to touch, but if there is no label alerting consumers, this is a marketing defect.
Manufacturer’s Duty Of Care
Manufacturers have a legal obligation to ensure that the products they produce are safe for their intended use. This duty of care extends to all stages of the manufacturing process, including design, production, testing, and labeling. Failure to meet this duty can result in liability for any injuries or damages caused by the defective product. This means that injured consumers do not need to prove that the manufacturer was negligent in order to recover compensation for their injuries. Instead, they must demonstrate that the product was defective and that the defect caused their injuries.
Proving Manufacturer Liability
To establish manufacturer liability in a product defect case, several elements must be demonstrated:
1. The product was defective: This involves showing that the product had a defect that made it unreasonably dangerous when used as intended. Referring back to the air fryer, consumers need to show it caught fire, such as through video evidence.
2. The defect caused the plaintiff’s injuries: It must be shown that the defect was the proximate cause of the plaintiff’s injuries or damages. For example, if you received burns you have to show those were from the product and not from another incident.
3. The product was used as intended: The plaintiff must demonstrate that they were using the product in a foreseeable and intended manner at the time of the injury. This can be tricky, but witnesses help as does video evidence.
Consumers who have been injured by defective products have legal recourse to seek compensation for their injuries and damages. By filing a product liability lawsuit against the manufacturer with the help of a product liability lawyer, injured consumers can pursue compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the defective product. If you have been injured from a defective product, reach out to an attorney near you for help.
