Manufacturers and sellers of products are responsible to produce safe products. A defective product is one that is unreasonably dangerous to the user of the product, due to its design or a defect in the way the product was manufactured. Some products are dangerous because they fail to offer adequate safety warnings. If you are injured as a result of a defective product, you may be entitled to compensation for medical costs, pain and suffering, scarring and disfigurement, lost wages and loss of a normal life.
Some examples of defective products may include:
- Medical devices
- Machinery and tools
- Medicine and Drugs
- Food and tobacco
- Toxic chemicals and substances
- Cars and other motor vehicles, including trucks and motorcycles
- Automobile accessories such as tires, seat belts, airbags and child car seats
- Household products and appliances
- Toys and recreational equipment
- Clothing and apparel
It is important to consult with an attorney who is experienced in handling product liability claims. There is a burden on the plaintiff to prove, through the testimony of consulting engineers and other technical experts, that the product was unsafe when placed into the stream of commerce, that it was used as intended and that the injuries caused were reasonably foreseeable to the manufacturer. Consideration may be given to what the consumer would ordinarily have expected to happen when using the product (“the consumer expectation test”). An unreasonably dangerous product is one that is dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge of its characteristics.
Section 402A of the Restatement (Second) of Torts.
SPECIAL LIABILITY OF SELLER OF PRODUCT FOR PHYSICAL HARM TO USER OR CONSUMER
- One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if,
- the seller is engaged in the business of selling such a product, and
- it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
- The rule stated in Subsection (1) applies although
- the seller has exercised all possible care in the preparation and sale of his product, and
- the user or consumer has not bought the product from or entered into any contractual relation with the seller.