Product Liability

Product liability is a broad term that encompasses the liability of manufacturers for an inherent defect in a product that causes injury or damage to consumers.  Product liability is a very broad area of the law, also covering a wide range of injuries.

In our world today, we use innumerable products to get us through the day.  From car seats that we install in the cars we drive around, to the bed rails that are supposed to keep our elderly safe, the products that we rely on to keep us safe can often times be exactly what causes us harm.  These products are usually safe and reliable, but when injury occurs, it can be serious.  Thousands of Americans suffer amputations, burns, electrocutions, and even death each year because of defective products.

There are several ways to hold a manufacturer responsible under product liability.  First is strict liability.  When a product injures a consumer, product liability law can hold the manufacturer responsible, regardless of whether there was negligence involved.  All that matters is that there was a defect, and that the defect caused the harm.  This is called strict liability.

Second, there is the theory of negligence, under which a manufacturer did not take reasonable care, and an injury resulted.

Finally, with breach of warranty, a manufacturer states that the product will perform in a certain way, but it fails to do so, causing an injury.

There are three main types of claims in product liability law:

  • Failure to Warn:  The manufacturer did not properly warn users of the dangers and potentially sustainable injuries of the product.  Pharmaceutical litigation often relies on failure to warn claims.
  • Manufacturing Defect:  The problem with the product arises with its manufacture.  This could be due to lax manufacturing practices and protocols, poor quality materials, or improperly trained employees.
  • Design Defect:  In order to prove a design defect, the injured party must show that if an alternate, safer design had been used, the injury or harm would have been prevented.

The Product Liability Attorneys at Kirkendall Dwyer LLP Can Help

If you have been injured by a product, our product liability attorneys can help.  From drugs and medical devices to power tools and car tires, we understand how serious your injuries are.  Contact us today to discuss your case.  As always, we work on a contingent fee basis.  This means that we don’t see a dime until we recover compensation for you.  You have nothing to lose; contact us today to get the answers you need.