For better or for worse, Americans love to buy things. We love new products, new gadgets, and new time-saving devices. Consumerism is high in our country, meaning that we bring hundreds of new products into our homes every year.
Unfortunately, sometimes these products cause harm or injury, and consumers can experience confusion as to what their rights are in these circumstances. Product liability law deals with the effects of defective products, and outlines the consumer rights associated with harm or injury caused by them. This body of law enforces product safety and works to prevent deceptive advertising and marketing.
Defective Prodcuts – Who is at Fault?
There are three general types of prodiuct liability: design flaws, manufacturing defects, and a failure (somewhere along the supply chain) to alert people of any possible hazard.
Design flaws can occur without becoming a danger to the consumer. For instance, if a product is designed in such a way that it does not function as intended, breaks quickly. or delivers a substandard customer experience the comsumer may be annoyed or inconveniced – but is not typically in danger. However, if a design flaw results in a risk of injury to the comsumer, product liability laws may come into play. Examples of these types of design flaws may be a toy with sharp edges, or a building with a structural defect.
Manufacturer defects occur when the design is correct, but the product is not made correctly due to a mistake or deficiency in the manufacturing process. A common example of this is when food becomes contaminated during packaging due to operator error. Prescription drugs may also be subject to manufacturer defect liability if the packaging can be tampered with.
Because there are many steps involved from the design of a product to its delivery, there are multiple points of possible failure – and therefore, multiple points of possible blame. These may include the designer of the faulty product, the company who packaged it, or the wholesaler / retailer who sold the product to the consumer. Although sometimes it is clear where the blame lies, other cases may be more complex; necessitating legal action against multiple parties. For instance, a designer may have created a product with a dangerous flaw, but a retailer may have sold it knowing (and not communicating) the risk.
Pursuing a Lawsuit Involving Defective Products
Because of the possible complexity of product liability law, you should consult an attorney as soon as you suspect that you have been harmed by a product you purchased. An experienced product liability legal team can help you to determine where the liability is, but their job does not end there. You will also have to prove that it was indeed this product which caused your injury.
A plaintiff in his type of case will need to show that harm occurred, and that it took place while the product was being used correctly; that is, for the purpose for which it was designed. You will further have to prove that the product defect or lack of warning is what actually caused your injury.
With so many safeguards in place these days, there is little excuse for a product to cause harm if it is being used correctly. Still, some companies have been known to take shortcuts in order to maximize profits – and if they do so, you deserve to receive damages for your injury, pain and suffering resulting from defective products. Consumers have the right to expect health and safety from the products they purchase.
The law firm of Probinsky & Cole is here to help you determine if you have a case, and to help you in recovering the damages due you if you have been a victim. If you are looking for a Sarasota or Tampa area attorney, call us today.
