When you pay for a product, you have the right to expect that the product should work correctly, safely, and as promised. Unfortunately, products do not always live up to their promises. It could be a manufacturing defect or a design flaw – or it could be criminal negligence. But whatever the reason, if you are harmed in any way by a product defect, you may have some rights under the law.
According to product defect and liability law, a product manufacturer has a legal responsibility to deliver safe products to consumers. From its functional design to truth in advertising, companies who make products must supply these products in a consistently safe manner or at least adequately warn consumers of any potential danger. A product manufacturer who fails to perform these duties appropriately may be legally liable for any injuries their products cause. While nearly all products have some inherent potential for harm, five categories often emerge in product liability cases.
- Medical Devices: It only stands to reason that medical devices should be safe to use, or the results could be tragic. However, medical device defects seem to have an alarmingly high rate of occurrence. Medical devices have resulted in several high-profile product liability cases, including birth control implants (Ensure and Nuvaring) and hip replacement orthopedics (DePuy and Stryker), heart defibrillators (Guidant), and CRRT Dialysis machines (Prisma).
- Heavy Equipment: According to OSHA, 400 workers suffer fatal injuries at work each month, mainly employees in industrial settings. The primary origination for these accidents is the heavy machinery that industrial workers rely on daily. Product liability cases often include cranes, forklifts, conveyor belts, bulldozers, and boring machines. Workers can be seriously injured or killed when this industrial equipment is unsafe and dysfunctional.
- Electronic Devices: It’s hard to imagine daily life without our electronic devices. Americans average ten or more devices such as laptops, smartphones, tablets, and organizers. With so many devices, it is imperative they are designed and made in a safe manner. Technology is usually very safe and reliable; however, product recalls occasionally happen. Product defects include overheated devices and fires caused by the device. One of the most notorious recent examples of this defect was the Samsung Galaxy Note 7, which injured many consumers.
- Automotive Products: Car parts are often the cause of serious car accidents and traffic fatalities. Many parts of the car can fail and cause a terrible accident, including tires, brakes, seat belts, airbags, and more.
- Appliances: You’ve likely heard the adage that most people get in car accidents within a mile of their home. Similarly, many tragic accidents actually happen in the house and involve surprising products. Appliances that generate heat (ovens, driers, irons, heaters, and fireplaces) are often to blame for dangerous situations in the home. Product defects may occur during the production process but can also happen during installation.
Product defect and liability cases can stem from any product on the market, with few exceptions. You might deserve compensation if you sustained an injury because of a design flaw, a manufacturing defect, or false advertising. If you suspect that a defective product is the cause of your damages or losses, call the personal injury and product defect attorneys at Probinsky & Associates.
Contact us to learn more about your right regarding product defects and the law.
