Understanding Products Liability

Products liability is a claim that can be filed against any party involved in making a defective product available to the public (i.e. manufacturer, wholesaler, retailer). When a product causes injury, the manufacturers and/or suppliers of that product can be held responsible for those injuries. Product liability claims are usually based on defects in design, manufacturing and marketing.

Defects in design occur when the product is moving from conceptualization to actualization. Here, defects are inherent in the basic design of a product. Design flaws may make a product unsafe to use even if it serves its intended purpose. If a defect in design causes injury, the manufacturer and supplier may be liable for those injuries.

Defects in manufacturing occur when the product is not put together correctly. Often, defects in manufacturing affect only a portion of the total products produced. Even if the majority of the products are manufactured correctly and allow for safe usage, the manufacturer may be responsible for the injuries caused by the few defective products.

Defects in marketing occur when a product is released to the public with improper instructions and/or fails to warn customers of the innate dangers of the product. Manufacturers and suppliers are responsible for informing their customers of how the product should be used safely and any dangers the customer might encounter when using the product.

When a products liability claim is filed against a manufacturer or supplier it is usually based on strict liability and not negligence. That means a defendant is held responsible or liable for their defective product no matter how much care or caution was exercised by the manufacturer. In other words, if the product is found to have been defective, the manufacturer or supplier is automatically liable for the injuries caused by that product.

For example, if you are involved in a motorcycle accident and the face shield on your helmet flies off at the time of impact causing you to lose your vision, you may be able to file a claim against the manufacturer or supplier of that helmet. When a product does not perform how it should have, your attorney can advise you whether or not you have a strong case for products liability. In this case, you will want to be sure to not only consult an experienced accident attorney, but an accident attorney with experience in products liability as you will be seeking the recovery of damages for loss of wages and ability to earn wages, pain and suffering, and medical expenses. An attorney with experience handling products liability cases will know how to best proceed with your claim and help you receive the compensation you are entitled to.

Not only may you be able to receive compensation for you injuries, but a court may order the manufacturer or supplier to pay additional money as punishment for the defective product. When this happens, you are being awarded punitive damages. That is, damages awarded are to deter the manufacturer or supplier of the defective product from continuing to provide the public with defective products. An experienced products liability lawyer will know how to argue for such compensation.