Product liability laws are in place are to hold product designers and manufacturers legally and monetarily accountable to victims who have suffered as a result of a defective product.
While product liability claims technically fall under the broad spectrum of being “personal injury” claims (such as a driver who rear-ends your vehicle at a stop sign), they are actually more multifaceted because the manufacturers and/or engineers who design products that end up being defective (such as when a person purchases a ladder and the first time they climb on it, a rung loosens causing them to fall and injure themselves) are liable under a different set of legal theories.
A “defective product” is any product that malfunctions when being used for the purpose it was intended and in accordance with the manufacturer’s instructions. If the defective product causes an injury, then the product is considered to be “unreasonably dangerous.”
The different types of product defects that can cause injuries include marketing, manufacturing, and design flaws:
In sum, “product liability” refers to a designer, a manufacturer, or a retailer being held accountable for a defective product making its way to a consumer. The law requires that products meet a consumer’s “ordinary expectations.” When a product is defective and that defect carries the threat of danger, it does not meet the ordinary expectations of the consumer.
If you or a loved one has been injured due to a defective product, you need to see an attorney right away. The attorney will consult with an expert (probably an engineer similar to the one who designed the product that injured you), and together, they will investigate and determine how the product involved was defective or failed to contain the proper warnings or instructions. Then the attorney will consult with your doctor (and probably a hired expert doctor) to determine if the specific cause of your injury could have been prevented if it were not for your proper use of the defective product. Once those hurdles have been jumped, the attorney will then proceed to initiate a claim against the marketer, the manufacturer, and/or the designer of the product that injured you.
You can’t go up against the product marketer, manufacturer, and/or designer alone, but an experienced attorney can.