It is the responsibility of companies to maintain a standard of safety in the products for consumers. However, sometimes products make it to the market that are unsafe. While there are bad products that may not work or live up to expectations, but when it comes to a product liability lawsuit, it must be proven that a product caused harm in order to have a case.
What Is Product Liability?
Derived from Tort Law, as a product or material gets created and put on shelves for consumers, there is a chain of liability. If the negligence of a company leads to the harm of another person, then that manufacturer may be held responsible. There are three basic claims a person can make with a harmful defective product, design defect, manufacturing defect, or inadequate warnings.
Defective Design: When the design of a product is defective, then the whole consumer good is dangerous. This happens when designed products are not adequately tested for safety. While the product may serve the purpose it was created for, it is too dangerous to continue using. From 2006 to 2008, the magnetic toy sets from Mega Brands were recalled because of small pieces which were easily consumed by children. On top of a choking hazard, the magnets were also strong enough that if consumed, the magnets of the opposite charge would attract and cause further internal injuries. One child died, and 27 were injured due to the defective design of the toys.
Defective Manufacturing: In this case, while the design was safe, the practices and products used to create the final product caused a hazard. This kind of defect is more likely in individual products rather than a whole batch of goods. For example, if a person is driving a car, and suddenly the brakes do not work, this could be a manufacturing defect. Something in the car prevented the breaks from working then causes a car accident where the driver is critically injured. Not every car of the same make and model may have this problem, but a specific manufacturing defect caused this accident.
Inadequate Warnings: When a company fails to warn consumers, it can lead to injuries or death. In 2007, the Bumbo Baby Seat was recalled because of 28 children who fell out of the seat and got injured. The seat is designed to help a young child sit up straight, but the seat was not secure enough to put on elevated surfaces. Due to the accidents caused by an inadequate warning of seating an infant in the chair on high surfaces, the product was recalled to add the warning.
Contact an Aurora Product Liability Attorney
When manufacturers do not do their due diligence when creating and testing a product, it is our families that suffer. If you have been injured due to a defect or inadequate warning, contact an experienced Kane County product liability lawyer today to discuss your case. Call our office at 630-907-0909 to schedule a free consultation.