Product Liability

The high speed of development of science and technology in the design of new products has led to an increased use of high tech and complicated products by consumers on a daily basis. The safety of these products depends on the integrity of the manufacturer. Manufacturers of products can be subject to liability for design defect, marketing defects and manufacturing defects.

If you are injured at work, you may have a Workers’ Compensation claim. If you are injured at work while operating machinery or equipment, you may also have a claim against the manufacturer. This would be a claim that is separate from your Workers’ Compensation claim.

The average consumer has no means or skill to investigate the soundness of a product, even when it is not contained in a sealed package. The vigilance of a consumer is carefully lulled to sleep by the steady efforts of manufacturers to build up confidence by advertising and marketing devices. See, Coca Cola Bottling Co. of Fresno, 150 P.2d. 436 (Ca. 1944).

In this country, consumers no longer approach products warily, but accept them on faith, relying upon the reputation of the manufacturer or the trademark. See, Habecker v. Clark Equip. Co., 942 F.2d 210, 216 (3rd Cir. 1991).

Products Liability lawsuits level the playing field between a large manufacturing company and a consumer. Consumer products have become safer, thanks in part to products liability litigation. While we would like to think that exploding cars or untested drugs in the marketplace are a thing of the past, new injuries are reported every day from defective products.

A drug can be defective in the way that it is produced or by a failure to warn consumers of the risks associated with use of the drug. Manufacturers simply cannot cut corners of product quality or seek out raw materials from overseas just because the cost is less. Purity of the product is not a goal – it’s the base standard.

Product liability cases may involve:

  • Automobile Safety
    • Hazardous Automobile Design
    • Sport Utility Vehicles
    • Gas Tank Explosions
    • Seatbelt Failures
    • Defective Tires
  • Silicone Breast Implants
  • Consumer and Household Products
  • Industrial Products
  • Machinery and Equipment
  • Farm Machinery and Equipment
  • Asbestos
  • Products causing Explosions and Burns
  • Aviation Products
  • Defective Products in the Workplace
  • Pharmaceutical Liability
  • Tobacco Products
  • Dangers to Children
    • Crib Defects & Recalls
    • Baby Toy Defects

Product liability cases generally fall into one of three categories:

  • Design Defects – Original product design is flawed
  • Manufacturing Defects – Manufacturing procedure is flawed causing defect in product
  • Marketing Defects – Instructions or warnings provided with product fail to educate consumer about potential danger

If you think you may have a product liability case please use the form below to contact our law firm.

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