In these times, we come into contact with products every day. Many of these products are to help us, make our lives easier and in some cases, safer. Think about all the toys, car seats and booster seats, bikes, appliances, machinery, and all other equipment and products we and our loved ones come into contact with on a daily basis. Most of these products are safely designed and manufactured and if used properly, pose little risk of injury. However, there are products which are not designed or manufactured safely. Sometimes products are not accompanied by warnings about unforeseen dangers. The resulting injuries from these defective and unreasonably dangerous products can be catastrophic.
Claims for defective products fall broadly into three categories:
- Defectively designed products
- Defectively manufactured products
- Products for which inadequate warning of how to properly use the product were given.
Defectively designed products do not come from any mistake made in the manufacturing process. A claim for a defectively designed product means every single product is potentially dangerous even though it was made exactly according to the manufacturer’s specifications. Examples include: A mixer that can electrocute when turned to high; a toy with a sharp hinge that sticks out; a car that has a tendency to roll over. A product may contain a design defect if the design was unreasonably dangerous before production began and the manufacturer should have anticipated that the product could harm a potential user.
A claim may also arise when a product is defectively manufactured – that is, when an individual product is flawed due to a mistake in the manufacture. Examples of this are: A bicycle with a missing brake pad; a heater with a grill that’s too short; a car with a bolt that’s too long. The injured person must prove the defect that caused the injury was present when the product left the factory.
Finally, a product liability claim may arise from a failure to provide an adequate warning or instruction. Examples of this may include, a vehicle which fails to let you know the seat belt may not be effective when the seat is reclined; a toy with a removable part that may be swallowed by a small child; a pressure cooker which releases steam from its top.
When injured by any defective products, you may have a claim against the manufacturer and others for placing these products on the market. Whether you were using these products during your personal life or while working, you may have a claim. These types of claims are referred to as product liability claims.
Defective product cases are complicated. They involve having a thorough understanding of the product and working with experts who can help prove the defect. Wolff Ardis, P.C. has 35 years of experience representing victims against the manufacturers of defective products. If you or someone you know has been injured by a defective product, contact Wolff Ardis, P.C. and we will assist you in determining if the manufacturer is responsible and should provide compensation for the injuries received from use of the product.
For additional information regarding a defective product case and the process involved in pursuing such a case, please contact our office by calling 901-763-3336 or online by clicking here.