Products liability sounds complicated and, in fact, it can be complicated. In its simplist form, the only rule you have to remember is that the manufacturer of a product owes the consumer the obligation to "manufacture" and "design" a product that is reasonably safe. If the product is "unreasonably dangerous" or if it is "unsafe for reasonably foreseeable uses," then the manufacturer is liable for injuries that are caused by the product.

For example, if a defective bolt fractures and causes a beam to fall on an ironworker, then the manufacturer of the bolt may be liable under products liability law. If you drink a can of cola and it contains salmonella or some other bacteria, the manufacturer would be liable.

The Plaintiff must prove that the defect in the product existed when the product left the manufacturer's control. If the distributor of the product contributed to the defect, the distributor could also be liable. A manufacturer can also be liable if it fails to adequately warn of the dangerous propensities of its product.

A manufacturer cannot delegate its duty to others. Clauses such as "any injury is the responsibility of the consumer" are not enforceable and will likely be stricken by the Court.

Product liability law is complex and expensive because a Plaintiff is normally taking on a wealthy manufacturer who has unlimited money to spend defending the case. Plus, manufacturers have an interest in protecting the "sanctity" of their product.

Unfortunately, if an injury is not serious, a products liability action may not be economically feasible. To succeed in a products liability claim, the product must be saved after the accident and it should not be altered or changed in any way. Immediately get the product into the hands of an experienced attorney so that he can preserve the product and have an expert evaluate it. If the product is not properly preserved, that may destroy an injured person's right to compensation.

Defective Products can be almost anything. If you were injured by a product, please contact me for a free consultation.

Examples of defective products are below:

 AUTOMOBILES

Child Safety Seat Defects and Failures

Children are often seriously injured or killed in auto accidents because of defective child safety seats. Most vehicles are not properly equipped for child safety seats, and combined with defective manufacturing and designs, many consumers are unknowingly putting their children at risk for deadly injuries every day.

Child Car Seat and Occupant Restraint (Seatbelt) Failures

Occupant Restraint Devices - more commonly called child car seats and seat belts - were designed to save lives, and they do. According to the National Highway Traffic Safety Administration (NHTSA), child safety seats reduce the risk of death in passenger cars by 71% for infants, and by 54% for toddlers ages 1 to 4 years (2006). The NHTSA also reports that lap/shoulder safety belts, when used, reduce the risk of fatal injury to front-seat passenger car occupants by 45 percent and the risk of moderate-to-critical injury by 50 percent.

When these life-saving devices fail, they cause severe injury to babies, children and adults.

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All Terrain Vehicles (ATV)

Accidents (Auto’s and others)

Birth Injuries

Defective Products