The legal theory behind suing for injuries caused by a defective product is called "product liability." Under this theory, the manufacturer, designer, or distributor of a product can be held responsible for any injuries caused by the use of its product. If the party was aware of a defect or should have been aware but failed to warn consumers, they can be held accountable for any harm caused.

Examples of a Defective Product Case

Examples of product liability cases include defective medical devices, dangerous children’s toys, and other consumer items. Injured plaintiffs can take several courses of action to seek compensation for their injuries, including filing a lawsuit against the manufacturer or other at-falt party. A successful product liability claim will typically result in monetary damages covering pain and suffering, medical bills, lost wages, and other out-of-pocket expenses. 

A real-life example of this would be if you purchased a hair dryer and it was defective, causing you to suffer electric shock or burns. You could file a product liability lawsuit against the at-fault party to recover damages for your injuries.

While motor vehicle accidents and product liability claims are frequently thought of as discrete concepts, sometimes, the clear cause of a motor vehicle accident is the defectiveness of a vehicular component. As the manufacturer of a culinary appliance may be liable should the heating element initiate a fire in which people are injured, so may the manufacturer of a car part be liable should a defect in that part cause a vehicle to crash, injuring occupants or others. Rarely is it the fault of a driver when he has unwittingly purchased a braking system, tire, or steering system with dangerous defects. Demonstrating that a vehicular collision was indeed caused by a defective car part can be complex and often necessitates a skilled investigation by a trained attorney. 

Product Liability Claims Process

The process of pursuing compensation may be altered in that rather than filing a claim against a car insurance company, the claim must instead be filedagainst a manufacturer or other party responsible for the vehicle defect. Litigation is more likely in cases like these. The remedy is more likely to be judicially imposed than secured by settlement when there is a question regarding the cause of the accident, especially in cases in which the mandated award could be substantial due to the severity of the harm caused or the number of injured plaintiffs. 

Thus, it is of particular importance that a skilled investigation take place promptly. While the expedient preservation and collection of evidence, particularly that which is found at the site of collision, is always a priority, it is of unique necessity when there is suspicion that a defective product was the proximate cause of the accident. 

When a doctor prescribes a medication, it is because she thinks that its potential benefits outweigh the risks associated with that medication. Prescription medications must be approved by the Federal Drug Administration, which should have conducted extensive studies to ensure that the drug is safe. However, both doctors and the FDA sometimes fail to consider the long-term effects of a medication. A drug may carry risks that were not discovered during the FDA’s shorter-term studies. Or, doctors may fail to consider how medication could impact an existing health issue. Either way, there is a chance that a new illness you or your deceased family member developed was caused by prescription medication. If this is the case, you may be entitled to recover compensation for damage caused by a defective drug.

How do I Know if My Illness or My Relative’s Death Was Caused by a Defective Drug?

Sadly, many people who have been harmed by a defective drug never uncover the cause. Some even continue taking the drug that is causing harm without realizing that their prescription is making them sick or damaging their mental health. If you develop a new health issue after starting a new prescription medication, it is worth looking into whether the two could be linked.

Common types of medication that cause harm include:

The safety standards that apply to products meant for children are much more stringent than those that apply to products meant for adults. Children do not have the life experience and reasoning skills that help adults use dangerous products safely. Parents of toddlers often say that children that age seems as though they are designed to self-destruct, always finding ways to endanger themselves. This is why we do not entrust things like lighters or weapons to children. Parents should be able to reasonably expect that toys marketed for use by children are safe for children. Unfortunately, this is not always the case. Injuries related to product defects in children’s toys are much more common than they should be. If your child was harmed by a dangerous toy, an attorney may be able to help you recover the compensation they need through a product liability case.

Common Toy Defects That Put Your Child in Danger

Toy designers should have the safety of children at the top of their priority list. Sadly, adult toy designers do sometimes overlook design flaws that can endanger children. Defects commonly found in children’s toys include:

• Choking hazards - Small children love to put things in their mouths. Very young children are inclined to examine new objects using their mouths. For this reason, it is important that toys meant for toddlers do not involve any small, removable pieces that a child could choke on. Even the eyes on a stuffed animal can become dangerous if they detach too easily.
• Batteries - When batteries are needed to operate a child’s toy, they should be well-secured so that young children cannot access them. Batteries can be extremely dangerous for a child’s health if they are swallowed.
• Sharp edges - A child should not be able to easily cut themselves on a toy. Darts and other throwing toys or projectiles should feature soft tips in case another child is hit.
• Fall risks - Indoor and outdoor play equipment that children are meant to climb up, like slides or jungle gyms should have features like railings that mitigate the risk of a child falling off and being injured.
• Burn risks - Quite a few modern children’s toys involve some type of heating component. Think about toys like easy bake ovens, or activity kits where the finished project must be baked in an oven. Young children are not often capable of safely using heat sources, especially when they are very excited about their toy.

Children are quite able to injure themselves in ways adults would never expect. It is critical that toy designers and manufacturers are exceptionally careful about making sure their products will be safe when used by a child.

Consumers use products to cook, clean, maintain their yard, travel, and complete countless other everyday tasks. Most people assume that any product available for purchase has been tested and proven to be safe. While this is generally true, unsafe products do sometimes reach consumers’ hands. When a consumer is harmed by a dangerous or defective product, he or she may be able to take legal action against the at-fault party. The injured consumer may be entitled to financial restitution. However, knowing whether an injury was caused by a defective product is not always easy.

Product Defects Can Cause Severe Injury or Even Death

Almost everyone who has used a hammer has accidentally struck their thumb or fingers at least once. Injuries from consumer products are not rare. However, some product injuries result in much more than a sore thumb. Sadly, people have even lost their lives due to dangerous or defective products.

Product defects can occur because the initial design of the product was defective or inherently dangerous or defects can occur due to mistakes during the manufacturing process. A product may also be considered defective if the product does not contain appropriate warning labels or instructions for safe use.