Dangerous consumer products account for millions of injuries to consumers every year. Under the law, manufacturers, retailers and others in the “chain of commerce” of a product can all be equally liable for injuries caused by products they make and sell.
Products may be dangerous under the law for a variety of reasons, including:
MANUFACTURING DEFECTS: The product itself may be perfectly safe when built properly. However, sometimes in the process of building the product and/or putting its component parts together, something is not done properly and it becomes dangerous to the ultimate buyer or user.
DESIGN DEFECTS: The product may not have been designed properly in the first place so that it is inherently dangerous to consumers, One of the tests used under the law is called the Consumer Expectation Test. Liability can be found when, “the product did not perform as safely as an ordinary consumer would have expected it to perform when used or misused in an intended or reasonably foreseeable way.”
FAILURE TO WARN: When the manufacturers or sellers of a product knew or should know that the product had potential risks which presented a substantial danger when the product is used or misused in an intended or reasonably foreseeable way; and ordinary consumers would not have recognized the potential risk, a failure to properly warn of the risk can result in liability.
If you have been injured by a product, let us use our extensive resources to consult with experts in the field and use the vast resources of the Consumer Product Safety Commission* to see if you have a case.
* Per its mandate, the Consumer Product Safety Commission, “protects the public from unreasonable risks of serious injury or death from thousands of types of consumer products under its jurisdiction, including products that pose a fire, electrical, chemical, or mechanical hazard or can injure children.”