Although we have consumer protection laws in place that govern the performance and safety of the products we buy, not all products ending up in the hands of consumers are safe. Product liability claims arise when problems occur somewhere in the chain of product’s manufacture, distribution or marketing that causes the product to become dangerous. Liability can lie on anyone in the chain, from the manufacturer of the components that go into the product, the assembler of the product, and depending on the circumstances, the owner of the store where the product is purchased. Marketers who market the product may also be held accountable when injuries arise. If you have been injured by a dangerous product, Russell and Hill can help. Our dedicated team of product liability attorneys has helped many consumers just like recoup their losses after being injured by defective and dangerous products.
Although any product has the potential to become a dangerous product, most product liability lawsuits stem from:
Many times the product liability suit involve tangible property, such as a child’s toy, a motorcycle or car, or a piece of machinery, tools or household appliances and equipment. All product liability suits share a common theme: a product has a defect that makes it dangerous or the product is unreasonably dangerous and has been shown to cause injury.
Three different defects can provide an impetus for a product liability claim: defects in design, defects in manufacturing and defects in marketing. The latter is also referred to as “failure to warn” and is likely the most forthright of product liability claim types. An example of a design defect is when a vehicle has an unusually high tendency to be involved in rollover accidents when making tight turns, or a toy ultimately ends up releasing hazardous fumes. Manufacturing defects, by contrast, have nothing to do with the design of the product itself, but occur during the build of the product. For instance, out of 20,000 vehicles manufactured on a particular line, seven of them were put together without proper braking system components. This represents a manufacturing defect.
A marketing defect usually involves incomplete or inaccurate instructions about using the product in question, and typically involves failing to warn the end user about dangers that are present in the product. Most of the time, the product is not obviously dangerous. For instance, a new drug should not be taken alongside an existing drug, but the manufacturer fails to make that warning about the potential interaction—and injuries result from that lack of warning.
If you or a loved one has been injured due to a dangerous product, our Bremerton product liability attorney can help. Reach out to our legal team now for your free consultation and case review.