FAQ Product Liability
What do I have to do in order to receive compensation for my injuries caused by a defective product?
- The cause of the injury must be a "product" as defined by the law,
- The injured party must show that the product was defective,
- The injured party must show that the defect was present at the time the product left the possession of the manufacturer, supplier or retailer, and
- The injured party must show that it was the defect in the product that caused the injury
What are some of the types of product defect?
There are several types of flaws that make a product defective
- Manufacturing defect - Where the product was designed properly, but the defect came about through the manufacturing process.
- Design defect - Where the product was essentially flawed because of its design.
- Failure to Warn - Where a product, although otherwise safe, causes an injury due to the manufacturer's failure to warn of a particular danger associated with the use of the product that was known or reasonably knowable to the manufacturer.
What standards apply in proving that a product was defective?
This depends on the theory of liability that an injured party is pursuing. If one is bringing an action under negligence, he must show that the defect that caused the injury came about through the defendant's failure to exercise reasonable care in the design, manufacture, and marketing of the product. In a strict liability case, the general test is whether the product itself was unreasonably dangerous, regardless of the care used in designing or producing it. Finally, in a breach of warranty case, the focus is on whether product was fit for use under it's express or implied warranty.
What about prescription drugs that have serious side effects?
Although manufacturers of products are usually liable for injuries that they know will occur through the use of their products. They may be held liable for illnesses caused through the defective manufacturing of the drugs, for adverse effects that were not known of through a failure to properly test the drug, or a failure to warn of known adverse side effects.
