Defective Products

About defective products

Defective products lawsuits (or product liability cases) focus on whether items put into the commerce marketplace are safe.

Manufacturers have an obligation to be transparent and forthcoming with information. But when sold products are don’t have proper warnings / instructions or are dangerous to the end-user, the law exists to hold them accountable.

Defective defintion

In legal terms, a product is classified as defective when it is reasonably dangerous when used for its intended purpose. This definition only applies to original products that have not been altered or otherwise interfered with in anyway.

If the item in question causes a person(s) injury as a result of the following reasons, a lawsuit can be filed to recover damages:

• Design defects – A product was designed poorly or was not adequately tested. As a result, the product is below standards and dangerous to use.
• Manufacturer defects – The product was designed to be safe, but the end result did not reflect the original design. Examples include: faulty components, faulty mechanisms, contaminated food, or medical products.
• Marketing defects –  The product was properly designed, but it did not have the correct instructions or warnings. This form of negligence makes the product unreasonably dangerous. Examples include: improper labeling, inadequate safety warnings, or inadequate instructions.

How the law offers protection

Fortunately, consumer protection laws exist to award damages if the quality, fitness, or performance of a product proves not to match the terms of sale.

Successful lawsuits result in the plaintiff(s) being awarded compensation from the following parties:

• The store that sold them the product
• The manufacturer that designed and produced the product

Why are product liability cases complex?

Often, these types of cases can be exceptionally complicated because negligence, product liability, or breach of contract must be proven.