Thousands of injuries occur each year in the United States due to defective or dangerous products. Victims of dangerous defective products have legal protection under product liability laws throughout the country. These laws govern the legal rules that determine who can be held responsible for the defect or danger to consumers.
In general, products sold to the public are required to meet common consumer expectations. When those products have an unexpected defect, the common expectations of consumers are not met.
More than one party could be liable for injuries that result from a consumer’s use of a defective product. This includes all sellers that are part of the distribution chain to make the product. Parties that are potentially responsible for a defective product include the manufacturer, parts supplier, wholesaler, and retail store where the consumer purchased the product.
The type of defect will determine who is responsible for a liability claim. All the details related to a product liability case may differ from state to state. However, there are certain elements that an attorney must prove in order to win a product liability case for their client. These items include:
- The injury and/or loss was caused by the product
- The product was defective
- The manufacturer’s error caused a product failure.
- The manufacturer did not warn consumers about the potential dangers
- The product was used correctly
Product Caused Damage and/or Loss
An actual injury or loss is a crucial element for a lawyer to prove a product liability claim. Specifically, the injury or loss must be a direct result of the product defect. In some cases, proving the link between an injury and a product defect is straightforward. In other cases, proving that the defect caused the injury or loss is not so easy.
For example, a client was injured in a car accident while driving a rollover-prone vehicle. If there is evidence that the customer was speeding when the accident occurred, the manufacturer could argue that reckless driving, not vehicle design, caused the accident.
However, a customer could suffer third degree burns when a new electric kettle explodes due to a small crack. The client did nothing out of the ordinary while using the kettle and could have a strong injury claim.
Product is faulty due to manufacturer error
In addition to proving that the product caused an injury or loss, the lawyer must also prove that the product itself is defective. In some cases, the defect could be the result of a problem at the manufacturing plant. For others, the flaw is in the product’s design, meaning the entire product line is dangerous for consumer use.
A lawyer might have a harder time proving that there was a product design flaw. The most likely scenario is demonstrating that unreasonable design created the hazard. However, a product that has a potential hazard is not automatically a lawsuit against the manufacturer or supplier when an injury occurs.
There are times when designing a product in a profitable or reasonable way is not feasible. Consider the potential dangers of vehicle airbags. While they can cause serious injury to a driver or passenger, they can also save lives in certain collisions. Automakers would argue that when alternative outcomes are considered, airbags are not overly dangerous.
The manufacturer did not warn consumers about the potential dangers
Typically, a lawyer might have a better chance of proving that injury or loss occurred due to faulty design when the average consumer is unaware of the dangerous quality. A decision in such cases may hinge on whether the manufacturer failed to warn consumers of the potential dangers. The manufacturer or supplier must demonstrate that the instructions and warnings were reasonably sufficient.
In this case, a customer could suffer third degree burns from an electric kettle because the steam valve is hidden by some part of the product’s design. An average consumer would expect to find a visible peak from which the vapor is released. Instead, the steam valve is placed in an inconspicuous area, strengthening a claim of faulty design.
Proving a faulty design is problematic if the kettle includes bright red stickers printed with the word “caution” and the owner’s manual includes warnings about the position of the steam valve. The legal question now is whether the warnings were adequate.
The injured customer used the product correctly
Generally, the lawyer’s client must use the product correctly; that is, the way the manufacturer intended the product to be used. Continuing with the kettle example, an example would be if the explosion occurs when it is being used to heat water for an outdoor-type swimming pool that is not its intended use.
If the kettle explodes and causes burns, the attorney may not be able to prove manufacturer’s liability. The manufacturer is not required to make the kettle safe for use in an outdoor pool.
However, this does not mean that the use of each product must conform to the manufacturer’s specifications. The key is to test whether or not the average consumer would use the product in the same way as the customer. If so, the attorney has met the reasonable expectation of use requirement.
Winning a product liability case involves deciphering often complex circumstances and establishing good legal theory. An attorney who is familiar with product liability law and the litigation process will devise a strategy to prove the case. An immediate investigation of the facts surrounding the case could expose obvious flawed issues. Additionally, expert testimony is often essential to prove that a faulty design caused an injury and/or loss.
