We expect that the products we use on a daily basis are safe. Unfortunately, some items are dangerous or defective, causing serious injuries or even death.
Prescription drugs, car seats, kitchen utensils, appliances, computers and other items you use on a daily basis can actually be harmful. Even seemingly safe products such as toys can be harmful. In 2016 alone, there were 240,000 cases of toy-related injuries in emergency rooms across the United States.
If you or a loved one was affected by a product that did not work as intended, you may be able to file a product liability lawsuit against the manufacturer. Read on to learn more about product liability issues and who can be held responsible for any damages incurred.
Types of Product Liability Issues
A product liability issue arises when the product can be proven to be defective, and that the defect caused the product to be unreasonably dangerous. The key here is “unreasonably dangerous.” Sometimes a product cannot be made safer without losing its usefulness. For example, knives are meant to be sharp so they can cut through various objects. A dull knife, for example, would be useless.
Given this, there are three types of defects that can occur and result in a product liability case:
- Marketing defects. These defects occur due to the content associated with the product. For example, poorly written instructions, improper labeling and a lack of safety warnings would be considered marketing defects.
- Manufacturing defects. These defects occur during the process of the product being made or assembled.
- Design defects. A design defect is a flaw that is inherent in the product from the very beginning. It is designed in such a way that makes it unsafe.
If a person was injured by a defective product, they can legally recover compensation for their injuries, as long as the product was sold in the marketplace.
Who Can Be Held Responsible?
There are various parties who can be held liable for a defective product. Liability does not rest solely on the manufacturer, as there are multiple parties involved in the process of creating a marketable product, from design to assembly to installation to sale. This means that, besides the product manufacturer, other individuals and companies may be held liable. They include manufacturers of components, assemblers, installers, wholesalers and retail stores.
If the consumer was negligent in using the product, however, then they may be held solely responsible for any damages they suffer. If this is the case, then they will not be able to recover compensation. They can only recover compensation if a third party is responsible for their damages.
Get Hurt? Get Gary!
The products we use on a daily basis are not always safe. Manufacturer defects can cause consumers to suffer serious injuries and even death.
If you or a loved one was a victim of a defective product, seek legal help from the Falkowitz Law Firm. We can hold the at-fault parties liable for their carelessness. You should not be forced to pay for the harm you suffered due to the manufacturer’s negligence. Schedule a free consultation by calling 844-GET-GARY today.
Gary P. Falkowitz is the Managing Partner and Founding Attorney of the Falkowitz Law Firm PLLC‚ one of the premiere personal injury law firms in New York. Gary received his J.D., in 2005 from St. John’s University School of Law and served as an Assistant District Attorney with the Kings County District Attorney’s Office.