Dangerous Products

Failure to warn about dangerous products is also the basis for a products liability claim. Failure to warn about the inherent dangers of a product, include the following:

• Failure to warn about the side effects of prescription drugs
• Failure to warn about a choking hazard in children's toys
• Failure to warn about safety hazards regarding machinery or equipment

It is easy to see where one of these manufacturing defects or dangerous products could cause an accident or cause serious injury.

More information on Dangerous or Defective Products:

When someone is injured while using a product that was manufactured or marketed in a defective or dangerous way, he or she may be able to recover the resulting damages from the responsible party in a products liability-based personal injury suit. Products liability law is based on the responsibility of a manufacturer or other provider of goods to compensate users of the goods for injuries caused by defective or dangerous products that it placed into the stream of commerce. The basic idea underlying products liability law is that the companies providing the products are usually in the best position to prevent defective products from entering the marketplace, so if they fail to do so, they should be held accountable. An experienced and knowledgeable personal injury lawyer can advise injured persons on whether they may have a claim against a product manufacturer or seller and can help them recover the damages to which they are legally entitled.

The Plaintiff's Burden in a Dangerous or Defective Product Personal Injury Case

The personal injury plaintiff still has a challenge although products liability law has evolved over the years. At one time "caveat emptor" (let the buyer beware) was the standard to which manufacturers were held. Today “strict liability” is imposed in appropriate cases. Under this standard manufacturers are responsible for injuries caused by their defective or unreasonably dangerous products even if they were not negligent. In a products liability action, the injured person, or plaintiff, must prove, for instance, that there was a design or manufacturing defect in the product or that the manufacturer did not adequately warn consumers about the product's possible dangers. In addition, he or she must establish, through relevant and credible evidence, that the product caused the injuries and that he or she was using the product in the way it was intended to be used or even that the manufacturer should have anticipated that the product would be "misused" in the way that it was.

Manufacturing defects are usually easier to prove than design defects. If a particular consumer's gas fireplace explodes when first lit, for example, it is evidence that the fireplace was not manufactured as the designer intended it to be. A design-defect case, on the other hand, could arise if many or all fireplaces of a manufacturer's particular model posed a threat of explosion. Proving a design defect involves passing judgment on technical choices and usually requires expert testimony. In a design defect case, the product may have been manufactured as it was intended to be, but the design was inadequately planned in such a way as to pose unreasonable hazards to consumers.

Proving causation in a products liability case can be tricky. The plaintiff must establish that the product was defective when it left the hands of the defendant manufacturer, distributor, or seller, and that the defect was the cause of the accident that led to the plaintiff's injuries. If the injuries could have arisen from several potential causes, the plaintiff usually must establish that the product defect had a substantial role in bringing about the injuries.

Bases of Recovery in a Dangerous or Defective Product Personal Injury Case

The following are some possible legal theories that can be argued in a products liability case.

• Negligence. Negligence is a lack of reasonable care in the manufacture or sale of the product or in warning about the product
• Breach of warranty. Breach of warranty is failure to fulfill the terms of a promise regarding the product's performance
• Misrepresentation. Giving consumers a false sense of security about a product's safety is a type of misrepresentation.
• Strict liability. Where the product's defect, although not the fault of the defendant, rendered the product unreasonably dangerous, the defendant is therefore responsible under the theory of strict liability