Exploding cell phones; death cribs; vehicles prone to roll-overs; medications with hidden side effects; faulty tires; poisonous cosmetics; chairs that collapse; choking hazard toys; products made with lead paint – you name it, we have seen it. As trial attorneys, we are proud of the integral part we play in ensuring that the products large corporations manufacture and sell are safe for your use.
We all would like to think that product manufacturers put safety before profits. Unfortunately, the numerous cases we have handled over the years have taught us that nothing could be further from the truth. All too often, corporate greed overrides any concerns regarding safety. The civil trial system provides the general public with a way in which to right a wrong, as well as to prevent others from being harmed in the future.
Most product liability cases involve three types of claims: manufacturing defect, design defect, and failure to warn. A manufacturing defect occurs when the product you purchase is made differently than the rest of the same items made by the defendant because something went wrong during the manufacturing process. For instance, a car manufacturer may ship 20,000 vehicles, and only a handful have a defective steering issue. This may be due to shoddy workmanship by a line assembly person. This would constitute a manufacturing defect.
A design defect occurs where the design of the product itself is inherently dangerous and, therefore, all of the products are dangerous. These type of cases would include a vehicle’s design which causes it to be unnecessarily prone to roll-over accidents; a hip implant device prone to failure with typical use; a cell phone battery which explodes when it is used for an extended period; or a power tool that did not have an appropriate safety guard.
Finally, a failure to warn case involves products that have hidden dangers which should be disclosed to consumers. This protects consumers from manufacturers who are aware of dangers associated with the use of their products but choose to hide those risks. A manufacturer may be liable for failure to warn even if the product was properly designed and manufactured. Common failure to warn cases include medications, certain foods, dietary supplements, and tobacco products.
If a defective product causes harm, the manufacturer should be held accountable. In doing so, the victim may be compensated for his damages and, hopefully, future consumers will be protected from suffering the same fate.
