EXAMPLES OF DEFECTIVE PRODUCTS
Examples of Defective Products
Alcoholic beverage lawsuits are similar to those involving drinks that have been tampered with, but some aspects of these cases are unique to alcohol. For instance, some states enforce laws that hold sellers of adulterated alcoholic beverages liable for injuries sustained by the consumer or members of their family as a direct result of the consumption of the beverage.
Lawsuits related to apparel defects usually consist of issues regarding fire resistance, irritating fabric, improper construction, hidden foreign objects, or poor traction in footwear. The term apparel covers all kinds of articles from shirts and pants to costumes and work boots.
Personal injury, property destruction, and sometimes death can all be caused by contact with materials containing asbestos. Countless product liability lawsuits have been responsible for providing compensation to victims who suffered damages as a result of this exposure. Claimants have utilized the laws of strict liability, design defect and failure to warn to support their cases.
Chemicals & Cosmetics
Defective household chemicals and cosmetics for personal hygiene may be targeted for consumer lawsuits should they injure someone. In these claims, the plaintiff must provide evidence that the manufacturer or vendor had prior knowledge or should have been aware of these products’ side effects.
Numerous victims of intentional or inadvertent shootings have tried to prove the guns involved were flawed and that the manufacturers or retailers were responsible for any harm that was caused; however, this notion has not gone over too well in court. One exception to this rule is in regard to “Saturday night specials,” or inexpensive handguns known to be incredibly unsafe and recognized for their prevalence in criminal circles.
Food & Agricultural Products
All mass-produced food, beverages, and agricultural products (e.g., crop care, livestock food) may be subject to product liability lawsuits if they are contaminated and cause food poisoning or other illnesses. Oftentimes, if the claimant can establish that a law was broken, such as sanitary standards or restrictions on pesticides, it can be proven that the defendant exercised some level of negligence.
Machinery & Tools
Use of faulty machinery and tools can result in serious injury. If this damage was caused by a product defect or failure to provide sufficient notice about a risk in the product, the manufacturer or vendor could be held accountable. Defendants involved in these cases are also required to inform consumers of the potential dangers that coincide with misuse of their product if they could reasonably have predicted that the products could be used inappropriately.
Medical Products & Devices
It can be difficult to decipher between cases concerning medical product liability and medical malpractice. Attorneys with a background in these areas of practice can counsel claimants on the applicable laws.
Automobile manufacturers have a responsibility to design their vehicles to guarantee driver, passenger, and pedestrian safety. Automobile component manufacturers, and the automobile manufacturers themselves, can be named as defendants in a product liability suit. Defendants may raise contributory negligence as a mitigating factor to minimize damages in these kinds of cases if the plaintiff chose not to wear a seatbelt, strapped a child in their seat improperly, or was driving recklessly or under the influence.
Drug manufacturers must conform to Food and Drug Administration (FDA) regulations regarding the fabrication, promotion, and sale of a product. However, if a drug is defective, this will override the fact that the company followed all of the FDA guidelines. It is the responsibility of the drug manufacturer to alert consumers and doctors of all potential side effects.
Recreational products can include those made for the purpose of entertainment—from board games to roller coasters. Manufacturers and vendors have the responsibility to carefully inspect their products for safety issues and warn the public about possible risks.
Tobacco product manufacturers have recently been ordered by the courts to pay out large sums for damages related to diseases caused by smoking cigarettes. Evidence shows tobacco companies may have hidden the fact that they were well aware of the destructive and addictive effects of their products for years. However, smokers from the younger generation will have a more difficult time claiming that they were victimized as a result of that lack of warning because the detrimental consequences of smoking have been circulating for a considerable amount of time.
If you or someone you know has been personally injured or had property destroyed by a defective product, our product liability attorneys may be able to help you recover compensation for your losses. To learn more about how our attorneys may be able to help with your claim, please fill out our case review form at no cost or obligation to you.