One of the most frequently addressed subjects in product liability cases is defects. As far as the law is concerned, the term takes on more meaning than expected. The law considers a defective product to be any product that presents an unreasonable danger when being used as it was intended. When analyzing this definition, keep in mind that the phrase "unreasonable danger" is vital to the meaning of the word defective. As a result, a product could be intrinsically harmful if used inappropriately. However, when used as directed, it would not be considered unreasonable.
For example, gasoline is naturally harmful when met by fire, but its usage value definitely outweighs its potential danger. Thus, the law does not recognize gas as unreasonably dangerous when it is used in a logical manner. If the day ever comes where a less risky, inexpensive substitute for gasoline becomes the fuel of choice, the law could allow a product liability action to verify that gasoline is an unreasonably dangerous product, or defective.
Likewise, a knife is undeniably dangerous, but the law would not label it unreasonably dangerous. In contrast, a knife with a handle so brittle that it might break under normal conditions would present unreasonable danger and be deemed defective.
When injuries are reported from a dangerous product or drug, it may lead to a dangerous product recall. When a request is filed to return a batch or entire production due to product hazards, this is known as a product recall.
An additional defective product characteristic is what kind of warning signs it communicates to the user. In other words, an inadequate warning that a product is on the verge of malfunctioning will heighten the amount of danger associated with product usage and could even be considered negligence on behalf of the manufacturer. Furthermore, an adequate warning could be the difference-maker in court that proves that the product's risk factor is not enough to constitute a stamp of unreasonable danger. On the other hand, a practical product that is inherently hazardous may be described as unreasonably dangerous for its everyday usage based on the fact that it does not provide adequate warning to its user.
In a product liability case, the party harmed by the dangerous product must show that the manufacturer owed a duty and failed that duty to the consumer. The injured party must also show that manufacturer negligence caused the injury and the manufacturer was liable for injury caused by reasonable use of the faulty product. Product liability claims ususally fall under defective manufacturing, defective design or negligence to warn of product defect.
The following is a list of defective products which are subjects of current defective product cases and product recalls. It can be beneficial to contact a product liability lawyer if you have experienced injury because of the following defective products or drugs:
If you have suffered a defective product injury, it is important to contact a defective product lawyer or product recall lawyer immediately. A good product liability attorney can aggressively litigate your product liability claim and help you get the compensation you deserve.