Defective Product Liability Law FAQs
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 used for its intended purpose, it is faulty. There is no federal defective product liability law — they are a matter of state law.
What is a defective product?
State laws determine product liability lawsuits. Usually, a product is 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 to discover weaknesses before the product is on the market.
- Design Defects – This defect is present in the product’s design before manufacturing. 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 how 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?
Product liability law aims to prevent the production of defective or dangerous products and prevent those products from moving through the marketplace. Therefore, responsible parties may include the manufacturer, distributor, seller, or others in the distribution chain.
What damages are recoverable in these 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 complex. Even cases that seem straightforward require the skills of an experienced attorney. For more information, don’t hesitate to get in touch with the Slaughter Law Firm.
