Product Liability Cases

When a person is injured or suffers damages due to a faulty or dangerous product, they can file a product liability claim. These civil litigation cases are an important part of consumer protection law because they hold the responsible parties accountable for the products they sell.

Product liability claims can be made for anything from cars and household appliances to medical devices and industrial equipment. Those who have been hurt or damaged, and want to assert their rights, need to know how these cases work.

At their core, product liability cases focus on whether a product was unreasonably dangerous and whether that danger caused harm when the product was used as intended—or in a reasonably foreseeable way.

Defective Product Claims

There are three main types of defective product claims: design defects, manufacturing defects, and failure-to-warn or marketing defects. A design flaw is when a product's basic design is unsafe, even if it is made correctly. When a mistake during production changes a product from its original design, it may become dangerous. This is called a manufacturing defect. When a product lacks sufficient instructions or warnings about known risks, that's when failure-to-warn claims arise.

People can sue for negligence, strict liability, or breach of warranty. Strict liability is significant because it doesn't require the injured person to prove that the other person was careless; it only requires that the product was flawed and caused harm. This legal standard puts significant pressure on businesses throughout the supply chain.

Risk Assessments

To prevent product liability claims, companies must conduct thorough risk assessments. When designing, testing, and manufacturing a product, they must consider the risks that may arise. These considerations include assessing how the product might be misused, evaluating the materials used, and testing its performance in real-world situations.

Risk assessments should also consider events that occur after the product is first released. Monitoring customer feedback, warranty claims, and incident reports can help to identify problems before they escalate and cause significant damage or lawsuits. A good risk management plan includes regular inspections, quality control checks, and ensuring that everything meets industry standards and regulations.

Defense Strategies

Defendants may say that the product was not faulty, that it was changed or misused after it was sold, or that the injury was caused by something other than the product. Showing that you followed the rules and best practices in your industry can help your case.

Other strategies include questioning expert testimony, arguing about the amount of damages, or showing that the plaintiff's actions caused the injury. In some cases, settling early might be the best way to keep costs down and protect your reputation. In the end, a strong defense is built long before a lawsuit starts, through good design, complete records, and proactive risk management.

Experienced Litigation Attorneys You Trust

Our civil litigation attorneys specialize in civil litigation cases. The experienced legal team at Bingaman Hess will provide knowledgeable guidance while offering all the options to help you achieve the desired outcome.

Contact us today at 610.374.8377 or find us online.

This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.