Every day countless numbers of people are injured by defective products. Products are legally required to meet the ordinary expectations of a consumer. If a product malfunctions when it is being used for its intended purpose, it is a defective product. There is no federal defective product liability law. Product liability claims are a matter of state law.

What is a defective product?

Product liability lawsuits are determined by state laws. Usually, a product is considered defective when it proves to be unsafe for its intended use or reasonably foreseeable uses. Three types of defects may lead to legal liability:

• Manufacturing Defects – These are defects that occur during the manufacturing or assembly of the product. All products should be carefully inspected so that defects can be discovered before the product is put on the market.
• Design Defects – This type of defect is present in the product’s design before it is even manufactured. A defective design causes the product to be inherently dangerous, such as a car that flips over during foreseeable driving conditions.
• Marketing Defects – These defects are flaws or errors in the way the product is marketed, such as inadequate safety warnings, improper labeling, or incomplete or incorrect instructions for use. In some cases, courts have found a “failure to warn” existed even if there was a warning, but it was hard to see or understand.

Who may be held liable for a defective product?

The purpose of product liability law is to prevent the production of defective or dangerous products, but also to prevent those products from moving through the marketplace. Therefore, responsible parties may include the manufacturer, distributor, and/or seller, or others in the chain of distribution.

What damages are recoverable in product liability cases?

Each defective product liability claim is different. Recovery of damages depends on such factors as the appropriate state law and the scope of the injuries. Economic damages may include medical expenses, loss of income, or other financial losses. Examples of non-economic damages include pain and suffering or mental anguish. In rare cases, punitive damages may be awarded.

Proving defective product liability is difficult. Even defective product liability cases that seem straightforward require the skills of an experienced attorney. For more information, please contact the Slaughter Law Firm.