What Is a Defective Product Case?
A defective product case arises when an injured victim claims a product was faulty and directly caused them harm. There are three main types of product liability claims:
- Manufacturing Defect
- An error during the manufacturing process makes the product dangerous. For example, if a car manufacturer improperly installs brakes, causing them to fail and lead to an accident, this is a manufacturing defect. Similarly, if a toy box has faulty hinges and a child is injured when the lid closes too quickly, it is considered a manufacturing defect.
- Design Defect
- A design defect occurs when the product’s inherent design is unsafe, regardless of the manufacturing process. An example is a poorly designed toy that poses a choking hazard, making it dangerous.
- Failure to Warn Claim
- companies must inform consumers about the possible dangers of their products and provide proper usage instructions. If they fail to do so, it can be considered a failure to warn claim. For instance, a medication without an appropriate warning label about its side effects, such as drowsiness that impairs driving, can lead to a failure to warn claim.
The Legal Theories of Product Liability Claims
Legal theories help prove product liability claims and secure compensation. The key types are:
- Negligence
- Negligence occurs when a company fails to fulfill its duty to sell safe products. If a defective product causes harm, the seller can be held accountable for the injuries.
- Strict Liability Claim
- Strict liability focuses on the product’s inherent danger rather than negligence. If a defective car seat injures a baby, the manufacturer can be liable even without proving negligence. The victim must show the manufacturer fell below the standard of care while making the product.
- Breach of Warranty
- A warranty is a promise regarding the product’s effectiveness and durability. When a product does not meet the manufacturer’s promises, it is considered a breach of warranty.
- Consumer Protection Claims
- Consumer protection laws safeguard against faulty products, fraudulent business practices, and dangerous goods. These laws vary by state.
Famous Examples of Product Liability Claims
- General Motors Class Action Lawsuit (2006)
- GM paid over $100 million to vehicle owners for defective engines that caused breakdowns, Property damage, and accidents. Hiding the defect puts consumers at serious risk.
- Roundup Weed Killer Lawsuit
- Roundup weed killer, linked to cancer, led to lawsuits against Monsanto. Settlement payouts ranged from $5,000 to $250,000, depending on the severity of the injuries.
- Big Tobacco Lawsuit (1999)
- The Department of Justice sued tobacco companies for not disclosing the deadly effects of smoking. The American Cancer Society also sued for failure to warn about the dangers of smoking and secondhand smoke. Victims developed lung cancer and received financial compensation.
- Dow Corning Lawsuit
- Dow Corning settled claims for $3.2 billion due to illnesses caused by silicone breast implants.
- Mesothelioma Lawsuits
- Asbestos exposure, linked to mesothelioma, resulted in numerous lawsuits against companies, employers, and manufacturers.
- Johnson and Johnson Lawsuit
- Johnson and Johnson failed to warn consumers that talc contained asbestos in baby powder. Women using the powder developed ovarian cancer and received millions in compensation.
Common Dangerous Products
Beyond famous cases, many everyday products can injure consumers:
- Fireworks
- Pools
- Highchairs
- Pharmaceuticals
- Space heaters
- Automobiles
- Children’s toys
- Lawn equipment
- Home improvement tools
- ATVs
Defective Medical Products
Medical malpractice, a leading cause of death in the U.S., often involves defective medical devices. Examples include:
- Hernia mesh
- Hip replacements
- Essure (birth control)
- IVC filters
- Defibrillators
- Transvaginal mesh
The FDA can recall unsafe medical devices and provide an updated list of recalled products.
What if I have been injured by a defective product?
While legal representation isn’t mandatory, having a product liability lawyer can be advantageous. They can help secure maximum compensation for medical expenses and losses. A good lawyer will guide you through the process, answer questions, and provide support.