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Defective Products

FAQ

WHAT CONSTITUTES AS A DEFECTIVE PRODUCT

A product may be defective because of a manufacturing defect, a design defect, or a warning defect.

WHAT IS A MANUFACTURING DEFECT?

A manufacturing defect exists if, when the product left the manufacturer’s control, it differed from the manufacturer’s intended result or identical products of the same manufacturer. The product was used in a manner reasonably foreseeable by the defendant but caused the plaintiff injury.

WHAT IS A DESIGN DEFECT?

A design defect exists when a product is manufactured exactly as the manufacturer intended, yet the product is legally defective because of a design flaw.

WHAT DAMAGES CAN I RECOVER IN A DEFECTIVE PRODUCT CASE?

Suppose a plaintiff can prove that the product is defective. In that case, they are entitled to recover damages for past and future medical treatment, history, future wage loss, damages for pain, suffering, and emotional distress, and if the plaintiff can establish bad enough conduct on the part of the company, punitive damages.

WHAT IF THE PRODUCT THAT INJURED ME IS OLD?

The age of a product does not act as an automatic bar to a product liability suit. Older products are not expected to meet modern standards of production and safety.

WILL MY DEFECTIVE PRODUCT CASE SETTLE OUT OF COURT?

Maybe. Although most cases settle out of court, product liability cases may be the exception since the manufacturers do not want to admit they designed a defective product. Even with a confidential settlement, there is a hesitancy to settle. This is why you need to retain an attorney willing to take the time and expend the money necessary to try a product liability case.

WHAT IF THE PRODUCTS CONTAINED A DISCLAIMER? DOES THE MANUFACTURER STILL HAVE A DUTY TO WARN?

A product manufacturer cannot avoid a strict liability claim by placing any disclaimer on the product. Disclaimers are unenforceable for product liability law. A product that is not otherwise defective in manufacture or design may still be considered legally defective if a suitable warning about its dangerous propensities is not given or the manufacturer fails to provide appropriate safe use instructions.

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