Product
Defect Attorney's in Washington DC & Maryland
Products Liability Law - An Overview
Thousands
of people are injured every year due to defective products.
Unfortunately, the majority of these injuries can be
avoided if manufacturers take simple steps to ensure
that products are safe before they ever go on the market.
If you have been injured due to the unsafe design or
manufacture of a product, you may have a remedy under
a branch of U.S. law known as products liability law.
Products liability means simply that the manufacturer
of a product has a duty to design and produce the safest
product possible. In essence, this means that a manufacturer
of a product should implement a safe design when producing
an item. This law is supposed to ensure that you, as
a consumer, will be protected from harm caused by potentially
dangerous products for sale. These potentially dangerous
items are called “defective” items because
they are capable of causing damage or harm to consumers
for various reasons. If a product as designed has any
type of dangerous element, then the manufacturer has
the responsibility to warn potential consumers about
that danger. Products liability law also requires that
any person along the chain of commerce uphold these
same safety standards. This means that if a manufacturer
sells a potentially dangerous item to a retail store,
then not only must the manufacturer warn the store of
any danger, but that retail store is also expected to
make sure that consumers purchasing the product are
warned as well.
There are several ways in which a product might be defective.
First, a product might be defective due to the way in
which it was originally designed. This means that the
original blueprint for the manufacture of an item was
flawed in some way that makes the final product unsafe
and unfit for use. For instance, a design to produce
a smoke detector that will not function properly under
conditions of extreme heat would be an example of a
defectively designed product. Each and every smoke detector
produced by a manufacturer according to this design
will be defective because it is inherently incapable
of functioning properly in the environment for which
it was created.
Second, a product might be defective due to the way
it is manufactured. In this scenario, the design for
the product is safe, but the actual method of putting
that product together does not follow the design as
it was drafted. For example, if a manufacturer draws
up a safe and appropriate design for the construction
of a lamp, but cuts corners in constructing that lamp
and instead uses cheaper, non fire-safe materials to
make the lampshade, the resulting lamp will be unsafe.
The blueprint for the lamp may have been safe, but due
to the manufacturer’s inappropriate method of making
the lamp, the item has been defectively manufactured.
Finally, a product may be defective due to inadequate
warnings and instructions for use. This might involve
a product that would be safe when used according to
a basic set of guidelines, but if the manufacturer or
retailer does not provide the consumer with those instructions,
the product will be dangerous. For example, if a manufacturer
sells a hanging kitchen cabinet that he knows can safely
hold no more than 15 pounds of contents, but the manufacturer
never provides the consumer with a warning to that effect,
the product may be defective due to the manufacturer’s
failure to warn. A consumer might buy that cabinet,
hang it on the kitchen wall, and fill it with 40 pounds
of groceries, causing the cabinet to fall and hurt someone.
The cabinet itself was not necessarily defectively designed
or manufactured but the consumer did not have the appropriate
information needed to use that cabinet safely. As a
result, the manufacturer may be found liable for selling
an improperly labeled cabinet.
In certain situations, a manufacturer or retailer of
a defective item may not be liable, however, particularly
if a consumer is misusing a product or if the consumer
assumed the risk of the injury. For example, if a consumer
is using a shoe to hammer in a nail and the heel of
the shoe splits and strikes the consumer in the eye,
the consumer will not be able to sue the manufacturer
of the shoe for defective design of the shoe. The consumer
in this example misused the shoe by using it for a purpose
other than that which it was designed for, namely, using
the shoe to hammer a nail into the wall rather than
simply wearing the shoe on his or her foot, where it
was meant to be used.
Similarly, a consumer can be said to assume a risk of
injury from a product if the consumer knows of the danger,
understands the degree of danger associated with the
product, and still decides to go ahead and use the product
nonetheless. For example, a consumer is using the defectively
manufactured lamp discussed above and the lampshade
catches fire due to the defect in the lamp. If the consumer
puts out the fire and continues to use the lamp, knowing
that the lampshade tends to catch fire easily, the consumer
has assumed the risk that the lampshade will catch fire
again.
If a consumer is successful in bringing a claim, then
that person will be entitled to monetary damages. The
amount and types of damages may vary, but in general
will include compensation for past and future medical
expenses, lost wages, pain and suffering, and disfigurement.
Products liability cases can be complex and time-consuming.
These types of cases may take longer to resolve than
a simple negligence case, and frequently require expert
investigation and testimony. Please remember that each
jurisdiction has different laws pertaining to these
types of claims, so it is important to seek out competent
counsel to advise you of your rights.
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