Hazardous Products / Product Liability
Product liability deals with cases involving defective or unsafe products. Manufacturers,
wholesalers, and retailers of products can be held liable for damages arising
from the use of defective products. Products covered by this area of law, include
food, drugs, and real estate, as well as virtually all consumer products. The
user who is injured and seeks damages does not need to be the original purchaser
of the product. Nor does a person seeking damages have to prove negligence in
many cases. Product liability frequently is a question of strict liability: that
is, if the product is defective and that defect caused injury, the injured user
may sue for damages as long as the product was used as it was meant to be used
and not substantially changed from its original condition.
If the injured user was using the product in a manner not intended by the manufacturer
or retailer, or had altered the product so that safety features were disabled,
it may not be possible to prove that injuries were caused by defects in the
product. The defendant may be able to successfully claim that the injuries were
caused by the acts of the plaintiff.
Questions of negligence and breach of warranty are also grounds for a claim
for damages under product liability. In the case of negligence, if it can be
shown that a company was negligent in testing its product adequately or in supplying
directions for its use, the injured party probably has grounds for filing suit.
Similarly, a manufacturer implies a warranty for fitness of use and freedom
from defect when an item is sold. If the item proves to be defective, or is
unfit for the purpose intended, an injured user can file a product liability
case. In a case of negligence, it is important that the plaintiff be able to
show that the product was defective when it left the control of the party he
is suing. It is not possible to hold someone liable for a defect that occurred
after that party had control over the product.
In product liability, there are various areas of defects that can occur. If
a claim of strict liability is to be pursued, the injured party will need to
show that the product was unreasonably dangerous for its intended use, due to
a defect. There are generally three areas in which a product can be unreasonably
The manufacturer or seller can fail to warn about dangers associated with the
products use. Manufacturers and sellers are expected to give adequate warnings
about possible dangers, and to provide clear and adequate instructions of use.
Failure to do so can cause a useful product to become deadly. For instance,
coolants used in automobiles are extremely toxic – failure to print warnings
of this toxicity on the product labels could lead to an accidental poisoning
and thus to a suit for damages.
The product may have a design defect. This means that the product is manufactured
with a defect, even if it is assembled perfectly. An example would be a car
gasoline tank that is designed with weak walls such that an impact can rupture
the tank and cause the car to catch on fire, even when the tank is correctly
assembled and installed.
A manufacturing defect exists when an otherwise safe product is rendered dangerous
because it is assembled improperly. A car whose wheel is installed with missing
or cross-threaded bolts may lose a wheel at high speed, injuring or killing
the driver and passengers. If it is proved that the car was manufactured with
that defect, the manufacturer will be liable.
In all cases of product liability, it is essential to the success of the case
that the product be preserved and that all paperwork showing the origin of the
product be made available. Receipts showing purchase, any repair records, etc.,
can be vital to building a successful case.
If you or a loved one is in need of legal assistance, call Buckley & Associates at (206) 622-1100 or toll free (800) 404-6200 or submit
an online questionnaire. The initial consultation is free of charge, and
if we agree to handle your case, we will work on a contingency fee basis, which
means we get paid for our services only if there is a monetary recovery of funds.
In many cases, a lawsuit must be filed before an applicable expiration date,
known as a statute of limitations. Please call right away to ensure that you
do not waive your right to possible compensation.