When a product causes injury because it was poorly designed, defective in manufacture, because it malfunctioned, or because it failed to live up to warranty claims about performance, the injured person may seek recovery against a range of defendants, including parts suppliers, the designer/manufacturer and even retailers, all of whom played a role in placing the dangerous/defective product into the stream of commerce.
What are the elements of a product liability case?
A plaintiff in a product liability case can proceed using a number of legal theories:
In these cases, an injured person alleges that a manufacturer was negligent (that is didn’t use the care that an ordinary manufacturer would) in designing, manufacturing or in failing to warn of a product’s danger and that the negligence caused injury;
In these cases, a manufacturer has warranted that a product performs in a specific way; when that performance fails, causing injury to the purchaser or to a foreseeable user, the manufacturer (and retailers) may be liable;
This theory is increasingly prevalent for products that cause injury because it is very difficult to prove that a product was negligently designed or manufactured. It is very similar to a breach of warranty claim. While strict liability is not absolute, this theory does away with your need to prove the defendant was at fault in its actions; rather, the theory focuses on the dangerousness of the product in and of itself. To prove a strict liability product liability case, the plaintiff must show that:
The defendant is in the business of selling and actually sold a product (this includes everyone in the chain of distribution, from parts suppliers to the retailer);
The product was in a defective condition and was therefore unreasonably dangerous and caused injury to the plaintiff. Defective can mean in design, in manufacture, or in warnings;
The product had not been altered in any way from when it was sold.
The plaintiff does not need to show that the defendants knew the product was defective and dangerous. But if a plaintiff contributes to his own injury, a strict liability theory is undermined.hide
Examples of cases that can result in product liability:
Plaintiffs in product liability cases will often use all available theories to obtain recovery. That means if you are injured by a product, your lawyer may well allege negligence, breach of warranty and strict liability. The theory of recovery does not affect the amount of your recovery.
A person's face, neck and back were burned because the pressure cooker he was using could be opened before it was depressurized. The plaintiff opened the cooker according to its design, and the scalding contents sprayed onto the plaintiff.
Plaintiffs have recovered when dangerous machinery they were using (lawnmower, snow-blowers, industrial equipment) did not have appropriate safety designed in, such as automatic shutoffs and guards that keep hands out of dangerous areas of equipment.
Some medical devices have unknown impacts on the body that become known only after they are approved and in use. When a flawed medical device causes additional injury, illness, need for additional surgery or death, a person may recover for their injuries. A recent case involves a popular hip replacement device that caused new injuries to patients requiring a new hip replacement. The company subsequently recalled the device, and is now dealing with the damages of those who were injured by the faulty device.
When a product is made dangerous or more dangerous because it comes with flawed or inadequate instructions on assembly, use or storage, people injured as a result may recover for their injuries.
A person was making fresh pasta with a machine designed to turn off when the user opened the lid. In this case, when the person opened the lid, the machine malfunctioned and did not shut off, causing injuries that led to the amputation of the person’s hand. The machine’s manufacturer was in Italy and had no office or employees in the U.S. The plaintiff was able to recover for the injuries from the U.S. distributor of the product.
A malfunctioning pool heater emitted lethal amounts of carbon monoxide resulting in the death of a swimmer. The swimmer’s estate recovered for wrongful death.
When a product contains toxic ingredients, injuries can arise years after the product has been purchased, installed or used. Materials such as lead in paint, asbestos in insulation, DDT sprayed on crops have all been the subject of litigation. If you have been poisoned or otherwise injured by toxic ingredients that are in a product, you can recover damages.
Some medications have dangerous, but unknown side-effects that become known only after they are approved and in use. When an unknown side-effect causes severe injury, illness, birth defects or death, a person may recover for their injuries. The most famous case of this type was about the synthetic estrogen, DES, which caused numerous and severe birth defects in babies and increased cancer risks in mothers.
