What if I get injured by a product?
Schedule an appointment with The Taormina Firm to learn more about your rights following an injury by a faulty product.
Manufacturers and distributors owe the general public an implied duty that their product is safe for use or consumption. That isn't always the case.
Products liability refers to the liability of any party along the manufacturing chain for any product which caused injury. This can include the manufacturer, the wholesaler, the distributor, and the retail seller. Any product containing an inherent defect which can cause harm to a consumer is the subject of a products liability claim.
To prove a case of products liability, the plaintiff needs to prove a few different things:
- That the defendant sold the product to the plaintiff
- That the defendant is a seller of the product
- That the plaintiff suffers an injury
- That the product was defective when sold to the plaintiff
- That the product defect caused the plaintiff's injury
There are a few different types of products liability: design defects, manufacturing defects, and defects in marketing.
Design defects are flaws in the design of the product. While the product may serve its purpose well, if the design of the product was inherently dangerous and could cause injury, then a suit could follow. Round Up is a classic example of a design defect. Round Up did a good job of killing weeds, but it also caused terminal disease in the user. Because of this flaw, thousands of consumers suffered cancer and other neurological disorders.
Manufacturing defects occur when the design of the product may have been safe, but the manufacture of that particular product was faulty. In a manufacturing defect case, only a few of the products of the same type were flawed. Injury results as a faulty manufacturing process.
Marketing defects are the result of improper instructions for the use of the product and failures to warn of the non-obvious dangers of the product's use. Round Up is another good example of a marketing defect because the Round Up bottle failed to identify some of the dangerous side-effects of using the product. You are also probably familiar with pharmaceutical commercials which spell out the potential side-effects of using the drug. If a pharmaceutical company failed to identify the side-effects, then lawsuits would certainly spring up.
If you or someone you know has been injured as a result of products liability, seek immediate medical help, then call Vince Taormina, a personal injury attorney and injury lawyer with The Taormina Firm.