Product Liability

Product liability, a division of personal injury law usually, but not always addresses claims of injury to a consumer alleged to have been caused by a defective or dangerous product. Manufacturers are often held financially responsible when their products are either defective, don't perform as the manufacturer promises or fail to carry warning labels or proper instructions for use.

Consumers have some responsibility also. In almost all cases, consumers must use the product for the purpose for which it was intended. For example, a consumer can't ingest a known toxic chemical and then sue the manufacturer for a dangerous or defective product.

Manufacturers have been held liable in the past for misrepresenting products by claiming through advertising or sales promotions that the product or products would perform in a specific way yet failed to do so and was not truly intended to do so. Manufacturers and others along the product chain can also be held liable for negligence, whether that negligence stems from the product design or a flaw in the manufacturing process.

There are many federal agencies in the United States that regulate different types of consumer goods. These agencies publish recall lists on their websites and set the standards for and investigate claims of defective products. Some of these agencies levee huge fines against companies who don't comply with the standards they have set forth as the mission of the agencies is to protect the public.

Consumers who wish to pursue product liability lawsuits should consult with experienced product liability attorneys.

Product liability lawsuits can be complex and require product liability lawyers to sift through the complexities. Manufacturers as well as distributors and everyone along the product chain from manufacture to consumer can be held liable for damages. Product liability lawyers must prove that injury or property damage occurred and was caused by the product in question. The injury may stem from negligence on the part of the manufacturer or person who designed the product. Injuries can also result when the manufacturer fails to warn the consumer about potential dangers associated with the use of the product.

In many cases, consumers can procure product liability attorneys who accept cases on a contingency basis. This simply means the consumer won't have to pay the attorney any money up front. In fact, paying the attorney at all is contingent upon the awarding of damages. Generally, the attorney will take a predetermined percentage of the damages awarded by the judge or jury.

Often, product liability lawsuits are settled out of court before a trial even begins. Other times, litigation can take years to complete. The best course of action is to choose experienced product liability lawyers who can best advise you on how to proceed.

Consumers are sometimes amazed at the warning labels on certain products and while manufacturers sometimes go overboard on these warnings, they are required to post warnings which advise consumers regarding dangers of which the ordinary consumer might not be aware.

In order to avoid product liability lawsuits, some manufacturers add cautionary notices to their warning labels advising against actions that would seem almost impossible for the consumer to perform in the first place such as "Never use curling iron while sleeping" or "Do not immerse in water." which is part of the warning label for numerous electrical appliances.

Some labels for appliances that heat up caution consumers that hot surfaces can cause burns while a label for a stroller warns parents to remove their child before folding stroller. While much fun has been made of some of the more outrageous warning labels, serious injury has occurred in countless cases where the consumer received no such warning.

Just as an ordinary consumer is going to realize that hot coffee is hot, he or she probably wouldn't expect to have to undergo skin grafts if the coffee was spilled on them. Thus, while we laugh, scrupulous manufacturers have to imagine every possible scenario that could harm consumers and post warnings in the interest of consumer safety.

The Consumer Product Safety Commission (CPSC) is a United States federal agency charged with ensuring many of the products consumers use are safe. The agency sets safety standards with which manufacturers and distributors of consumer goods must comply. The agency has jurisdiction over more than 15,000 types of consumer products and publishes a list of recalls on their website. For products that do not fall under the jurisdiction of the CPSC, the name of the agency that does have jurisdiction can be found on their website.

Recalls are sometimes voluntarily initiated by the manufacturer of the product and sometimes they are originated by the CPSC. This is done with the safety of the public in mind, either because it has been determined the product has become are may become defective or because safety standards were violated in the first place.

The CPSC also publishes a list of the actions consumers need to take in order to remedy the situation. Consumers may be offered a refund for the purchase price of the product being recalled or they may be offered a repair kit or replacement part.

The CPSC also maintains a hotline for consumers to call to report defective products and has much more information available on their website. Though the CPSC recognizes the manufacturer's responsibility regarding product liability, their main focus is on the prevention of injuries sustained due to defective and dangerous products.

Product liability attorneys sometimes file product liability lawsuits based on negligence. This type of negligence on the part of the manufacturer or others in the product's chain can stem from a flaw in the design or a defect in the way the product was manufactured. Negligence is also asserted when a manufacturer fails to properly warn the consumer about safety issues the product may pose.

Manufacturers in product liability lawsuits may be held liable for injuries sustained to consumers or property when they incorporate another manufacturer's defective product into their finished product. For example, if manufacturer A purchases plastic parts from manufacturer B for the production and assembly of toys and then it is discovered that it was those plastic parts that were defective, manufacturer A may still be held liable as it was this manufacturer's finished product the consumer purchased.

Negligence may be asserted when the manufacturer fails to properly warn the consumer about the risks or dangers of using their product. A toy that poses a choking hazard to small children, while not inherently defective could injure or kill a small child, especially if parents aren't aware of the danger. The manufacturer must warn consumers when small parts that could harm children are present in toys.

Product liability lawsuits are about more than the negligence of a manufacturer or seller. For example, there may be no defect in the design or manufacture of the product whatsoever yet the promise the manufacture made either through an express or implied warranty may have been breached or broken.

Suppose a consumer purchases a ride-on toy that states it will hold children up to 40 pounds. Yet the consumer's child, who weighs 30 pounds sits atop the toy and it collapses, injuring the child. As part of the preparation for product liability lawsuits, product liability lawyers might test subsequent models of the same ride-on toy. If every toy or even some of those toys collapse under the weight of the 30 pound child, the manufacturer may be found liable for breach of warranty.

In strict liability cases, the manufacturer is liable if the product was defective regardless of the extent of care the manufacturer took in producing the product. In most cases, the consumer must have been damaged or injured and the product must have been defective at the time the consumer purchased it. As state laws vary, the pursuit of product liability lawsuits can be complex so it is best to retain experienced product liability attorneys.

Misrepresentation may occur through the advertising and sales promotion of a product. Product liability lawsuits have been filed alleging misrepresentation where the manufacturer made outrageous claims regarding the product that were found to be false. Product liability lawyers have also filed claims alleging misrepresentation in cases where the manufactures were not cognizant of the misrepresentation but were still found liable.

Again, state laws regarding product liability lawsuits vary but generally there are two remedies for misrepresentation. If a consumer is injured due to the misrepresentation of a product, product liability attorneys may sue for monetary damages. The other remedy would void the contract. For example, if a consumer purchases a product that has been represented to perform in a certain way but fails to do so, regardless of the seller's return policy, the consumer can most likely obtain a refund or cancel the contract.

Product liability lawyers are well versed on which approach to take when filing product liability lawsuits and will be able to discern if the manufacturer was negligent, breached a warranty or was guilty of misrepresentation. The consumer must relay the facts to the attorney exactly as they occurred and let the attorney decide which is the best tact to take.

The Consumer Product Safety Commission is not the only agency involved in protecting consumers from dangerous or defective products. There are several other agencies that police different categories of consumer goods. For example, the Occupational Health and Safety Administration (OSHA) exercises authority over safety in the workplace. Not only does this agency protect workers from unsafe working conditions, if the factory where your defective product was assembled or manufactured was cited by OSHA for unsafe work practices or an unsafe work environment, it could lend strength to your product liability lawsuit.

Another agency involved in protecting consumer safety is the Food and Drug Administration (FDA). This agency regulates food, over-the-counter and prescription drugs, medical devices, and cosmetics among other products. As with other agencies, the FDA can issue recalls, approve or ban products and fine manufacturers. All of the consumer safety agencies offer a wealth of information for attorneys and consumers pursuing product liability lawsuits.

The National Highway Traffic Safety Administration (NHTSA) strives to save lives and prevent injuries due to traffic accidents. This agency sets safety standards, enforces those standards and issues recalls when appropriate. Consumers can find a wealth of information about the safety of new cars and infant car seats on this agency's website. Consumers can also view the results of crash tests and rollover ratings which might help them decide which vehicle to purchase. Product liability attorneys and consumers may also consult the information this agency provides when pursuing product liability lawsuits.

Several product liability lawsuits have become famous over time. McDonald's coffee burned a 79 year old woman when it spilled on her as she was holding it between her legs. She received severe burns and had to undergo skin grafts. She initially asked McDonalds for $20,000 as she had $11,000 in medical bills but McDonalds refused. The case dragged on and other settlement attempts were unsuccessful until the woman finally received more than $600,000 in a settlement from McDonalds after being awarded millions by a jury.

However when two obese teen-agers sued McDonalds for "making them fat" the hamburger chain wasn't found liable. Even so, McDonalds as well as many other fast food chains have made modifications to their menu to include healthier food choices.

Tobacco companies have had to pay out millions of dollars after having been found guilty of misrepresenting the dangers associated with smoking. In addition, tobacco companies also must fund some programs discouraging underage smoking and encouraging smoking cessation.

Tobacco companies have also successfully defended product liability lawsuits. There are numerous factors to consider in any product liability lawsuit and state laws can vary widely. For these reasons, consult an experienced product liability attorney if you are considering pursuing such a claim.