Legal Recourse For Defective Products

By Author: Mickey Fine
Total Articles: 4762
Comment this article

Even in the U.S. and other modern, industrialized countries, products are sometimes distributed that can harm, even kill, an innocent and unsuspecting person. It can be an entire product line, or an individual unit, that is affected. When these tragedies occur, defective products attorneys are often retained by victims in order to recoup money spent on medical bills, get back wages that were unpaid and negotiate a punitive settlement, as well.

You might think that any flaw in any product can lead to a determination that it is defective, but the law would be far too broad and ripe for abuse without some clear definitions. There are generally three ways in which a product can be deemed defective, and you must firmly establish at least one of these criteria to have any hope of your case proceeding. The three types are as follows:

1. Design defects. Products are defective by design if designers allow a known flaw to remain when they should have foreseen that it would cause injuries. In a toddler's wagon screw heads that are neither flush nor countertapped in the cargo (and seating) area could cause cuts and scrapes ...
... during normal use. This is a clear case of a design defect.

2. Manufacturing defects. These are flaws or problems introduced in the creation and assembly of the product (and its components). Even good designs that are flawless on paper can run into problems during the manufacturing process, such as contamination in food products. The vegetables going into the cans could be just fine, but if there is a slight misalignment in the machinery that seals the can, then small bits of shaved metal might fall into the food. This is a manufacturing defect.

3. Failure-to-warn defects. The defect in this case is the manufacturer's failure to warn consumers clearly and fully about any dangers involved in the proper use of the product. Old ladder designs often had small shelves made to hold a paint can or hand tools, but people would use them as steps and break them right off (perhaps breaking an arm or leg in the process). A warning sticker should have been on the shelves, clearly indicating that the shelf was not a step and could hold only x number of pounds. The failure to warn consumers of an obvious, easily foreseeable problem is actionable as a defect.

In your own case, you may be able to make all of these definitions fit, as long as one does. Still, you most likely will be asked if you used the product in the recommended fashion, followed all the manufacturer directions and heeded all warnings. You must have used the product in a manner consistent with its intent, without carelessness, negligence, anger or while under the influence of drugs or alcohol. These and other charges may be leveled at you by a manufacturer's lawyers should you instigate a product defect lawsuit, so be prepared.

Different laws, different tactics

Only in extreme cases would criminal prosecution be contemplated for a product defect. Virtually all defective product suits in the U.S. are pursued under civil laws. Again, there are three primary ones:

1. Strict liability. This is the most prevalent basis for defective product suits. Under this type of reasoning, a manufacturer is liable for any untoward results resulting from use of its products, irrespective of intent, design or steps taken to avoid defects in the first place. In some states, strict liability cases are the easiest ones to win.

2. Negligence. Lawsuits based on negligence mean that showing a defect is necessary, but not in and of itself sufficient to win the case. In addition, you have to show that the manufacturer was more than simply careless, but unreasonable reckless (that is, negligent) in designing, manufacturing and/or selling its defective product.

3. Breach of warranty. When manufacturers promise you certain performance or results in writing, these are called warranties. Some states even stipulate that any products sold there have implicit (unwritten, unspoken) warranties, often called warranties of fitness. If using the product according to its instructions causes the warranty to be breached, that qualifies as a defective product.

Bottom line responsibility

Generally speaking, the person or entity that introduces a defect into a product is the one that is legally liable for it. This typically means the manufacturer, but not 100% of the time. Any person or firm in the development-and-distribution chain (from inventor to manufacturer to wholesaler to retailer) could conceivably be liable for the product defect. The list of potential defendants could include manufacturers, distributors, farmers, wholesalers, retailers, processors, subcontractors, rental firms, companies that acquire or merge with a liable party, resellers and even individuals.

If the defective product you have was purchased used, the reseller's liability is an open question. It depends on where you live, what kind of warranty (written or implicit) the product has, whether or not the reseller is normally engaged in retailing and other factors. For any case involving defective products, you will need good counsel that is admitted to the bar in your state, hopefully one with a lot of experience in this very specialized legal practice.
About Author:
At the Law Offices of Mickey Fine Law Firm in Manhattan Beach, California, we are los angeles personal injury lawyer that help clients who have been seriously injured due to the negligence of another party, and clients who have lost a family member in a tragic accident. We also help people whose insurance companies are denying or delaying payment of a legitimate claim.