Product Liability – When an Object is to Blame

In many personal injury cases, the negligent action (or inaction) of one or more parties has directly led to injury or death for another person. However, in some cases, the relationship between cause and effect is not so straightforward. Sometimes, an inanimate object, due to some flaw or defect, is the cause of an accidental injury.

Obviously, one cannot bring a lawsuit against an object. Therefore, when a defective object causes an injury, it’s important to determine the underlying cause of the defect.

Defective Products Overview

Sometimes poor product design can lead to personal injury, other times a manufacturing defect is to blame. In other cases, a lack of proper usage instructions or warning labels on the product can contribute to an accidental injury.

Defective Design

In some cases, the design of a product is inherently dangerous. This type of product liability claim asserts that the entire line of products is dangerous. The product that caused injury in this type of claim was manufactured according to design specifications. The design itself is faulty.

Some examples of this type of claim include:

A line of toasters that can cause fires due to a defective thermostat shutoff
A model of car that has a tendency to flip over while turning a corner at a reasonable speed
A brand of sunscreen that does not protect the skin from harmful rays

A person suffering burns from a kitchen fire caused by this toaster may have a valid personal injury claim due to the defectively designed product.

Defective Manufacture

Other times, a product’s design is safe, but an error in the manufacturing process causes the finished product to be unsafe. In most cases, only a single product or single manufacturing lot is affected.

Examples of defectively manufactured product claims might include:

A mountain bike with a weak weld, causing the bicycle to collapse when the rider hits a bump
A batch of pain reliever containing an overdose of the active ingredient
A utility knife with a faulty safety latch, causing the blade to become exposed unexpectedly

A rider suffering injury from the collapse of the bike may file a product liability injury case.

Failure to Provide Sufficient Warning or Instruction

A failure-to-warn claim usually involves a product that lacks adequate instructions about the product’s proper use, warnings to take certain precautions. Usually the product is dangerous in some way that’s not obvious to the user.

Like defective design cases, this generally refers to an entire line of products. Some examples of a failure-to warn claim are:

A ladder that does not warn the user not to stand above a certain height, where the ladder becomes unstable
A cleaning solvent sold without proper labeling as to its safe use
A medication whose packaging lacks a warning that it may cause dangerous side effects when combined with caffeine or some other commonly-used drug

If you suffer injury due to a fall from the top rung of the ladder in this example, you may have a failure-to-warn claim.

Who is Responsible?

In product liability cases, you would file suit against the person or company responsible for the defect. This will usually be the manufacturer or the company that designed the product.

The Consumer Product Safety Commission has set standards for manufacturing and labeling of products. If companies don’t adhere to these standards, you may be awarded punitive damages in addition to any compensory damages you are awarded.

Proving Negligence in a Defective Product Liability Claim

Proving negligence is the key to all personal injury cases. It’s not enough to prove that you were injured; you have to prove that the faulty product caused your injury or made it worse. In order to be successful in your claim, you have to prove the following elements:

You suffered an injury or other loss
You were using the product as intended; or as any reasonable person would
The product in question is defective (in one or more of the ways detailed above)
The defect was the cause of your injury or loss

If a defective product injured you, the law limits the time you have to make your claim. Additionally, product recalls and class-action lawsuits may affect your ability to collect compensation for your injuries. Product liability laws are complex, and every case is different.

Finding the right personal injury lawyer can be crucial in helping you get the compensation you deserve. If you’ve been injured by a defective product, let us put our experienced legal team to work for you.

Speak to one of our attorneys today for a free case evaluation by calling 212-228-1331 or 718-448-1600