Consumers have the right to expect that the products they purchase are safe for use or consumption. Dangerous products or product defects can cause serious injuries or death in victims of all ages. A classic example is the 1992 Ford-Firestone tire tread separation case. The most common product liability lawsuits involve one or more of the following legal theories:
TYPES OF PRODUCT DEFECTS
Design Defects: The product as designed is not safe for its normally intended use, and in some cases, for its normal foreseeable use. This second condition is important because some products are safe by themselves or when used in certain situations, but could become dangerous when combined or used with another product or situation. Design defects occur prior to manufacturing and
plaintiffs in such cases are usually obliged to offer safer alternative designs to minimize the risk of injury.
Manufacturing Defects: The product was not manufactured properly, resulting in parts being defective, or unsafe in some way. For example, faulty motor vehicle brakes, tires, seat-belts, and airbags often give rise to liability on the part of automobile manufacturers.
Marketing Defects: Products sold in the U.S. must carry warning labels and instructions for proper use. Many of the warning labels that you see on products today are the result of previous lawsuits. For example, plastic bags often are labeled with “this is not a toy” because children have been known to play with plastic bags in an unsafe manner.
While there are no federal product liability laws, there are certain types of cases involving product defects where federal regulations play a role in lawsuits (i.e., claims involving medical devices and prescription drugs) that are applied in the context of state laws.
If you feel that you or someone you know has been injured by a dangerous or defective product, contact PhillyLawsuit today for a free consultation. We work on a contingent fee basis, meaning that we do not charge any fees unless we obtain a recovery for you.