What Is a Products Liability Claim?
Every year, thousands of Americans are injured by products which are dangerous or defective. Sometimes manufacturers fail to safely design a product so that it can malfunction and injure the person using it. Examples of this could include a poorly designed automobile tire, a power drill which can short circuit and electrocute the user or a drug which causes severe side-effects. Other times, the manufacturer may design the product safely but fail to manufacture it properly so that the buyer can safely use it. Examples of this could include improperly assembled exercise equipment, children’s bikes or automobiles.
Even if a product is properly designed and manufactured, a producer can still be liable if adequate warnings or instructions regarding use of the product are not provided. For example, if the saw blade on a power saw has to be tightened in a particular fashion to prevent it from coming off, or a medicine has to be taken on an empty stomach to reduce higher risk of heart attack or stroke, the manufacturer must provide proper warnings/instructions on use of the product.
Failure of the manufacturer to properly design or manufacture or give proper warnings/instructions can all be evidence of negligence. If a person is injured because of this negligence, a product liability claim may be brought.
What are Some Examples of Product Liability Claims?
Potential product liability claims are too numerous to fully list. They can be brought in a multitude of cases. Some of the common categories of product liability claims we see include the following products or devices:
- Automobiles or auto parts such as tires, brakes, seatbelts, bumpers and airbags.
- Children’s products such as bikes, strollers, toys, cribs and fire-retardant clothing.
- Contaminated food products such as peanut butter, ground beef and seafood.
- Tools such as drills, saws and ladders.
- Home products such as hairdryers, blenders and exercise equipment.
- Medicines such as those which are recalled by the FDA or are prescribed for conditions for which they were not intended.
- Medical devices such as pacemakers, hip/knee replacement joints and surgical mesh.
If you believe you have been injured by a defective product, there are a number of things you should immediately do:
- Seek medical attention if your injury is significant.
- Save the defective product or part. Do not return it to the store or producer.
- Take photos of your injuries and of the product you believe injured you.
- Get the names and contact information of any witnesses to your injury if they are not family members.
- Contact an experienced product liability attorney to evaluate your claim at your earliest opportunity.
At Hardesty, Tyde, Green & Ashton, we have handled a multitude of products liability claims over the years. Please contact us for a free consultation if you have any questions about your potential claim.
