Product Liability/ Defective Products FAQs
What kind of defects can cause product liability?
There are three primary types of product defects:
| Design Defect: A product has a design defect if the design (or blueprints) of the product is unsafe. For example, if a coffee cup is designed such that the bottom melts whenever there is a hot liquid in it, it has a design defect. |
| Manufacturing Defect: A product has a manufacturing defect if the product's design is sound but the method of making the product is unsafe. For example, if a desk is mistakenly assembled at the factory without several screws as called for in the design, it has a manufacturing defect. |
| Warning Defect: If a product does not have sufficient instructions or warnings about its use, and you are injured as a result, the product has a warning defect. For example, if you buy a lawn mower that doesn't have safety warnings about the blade, and the blade cuts you, then there is a warning defect. |
Who can you sue for a Defective Product?
If a product does not work properly or causes harm to the user, then any of the following parties may be liable:
| The company that designed the product |
| The company that manufactured the product |
| The company that sold the product |
What can you recover with a Product Liability case?
If you have a defective product, you may be able to recover the cost to replace the product. If the defective product also caused personal injuries, you may seek compensation for your:
| Medical Bills |
| Missed Work |
| Pain and Suffering |
| Loss of Consortium - lost time and companionship with your spouse |
| Punitive Damages - extra money to punish the defendant if they acted exceptionally irresponsibly |
Do I need a lawyer to handle my product liability case?
Product Liability cases can be very tricky. The law for product liability is very confusing, and you may need an attorney to help explain your rights and protect your interests. An attorney can also file a lawsuit on your behalf against the designer, manufacturer, or seller of the defective product so you can recover for your injuries.
