Product liability laws differ from state to state, but the basic premise holds everywhere: companies have a duty to protect consumers from potential hazards, even where the damage is partly caused by consumer negligence or misuse. The reasoning is that a company knows more about its own product than any buyer can, so it stands to reason that it bears financial responsibility for injuries and property damage. These laws have been applied to virtually every consumer product imaginable, from defective children's toys to airbags that fail to deploy in a crash.
Lead attorney on every case we take, backed by a dedicated legal team you work with directly.
Product cases generally fall into three categories. A design flaw means something is inherently dangerous about how the product was designed, and proving it means showing the design was unsafe and the company knew and failed to fix it. A manufacturing defect happens during manufacture or assembly, where the finished product does not conform to the designer's or manufacturer's own specifications, and it is often the least difficult category to prove because the design can be compared directly against the defective item. Failure to warn covers missing or incorrect labels, insufficient instructions, and dangers that are not apparent to a user, and deliberately misrepresenting a product can support a claim as well.
To win a defective product claim you generally must prove that you were injured or suffered a loss, that the product is defective, that the defect caused the injury, and that you were using the product as intended or in a way the maker could have foreseen. We handle all three categories, including defective motor vehicles, auto products, airbags, tires, gas tanks, Harley-Davidson defects, children's products, machinery, medications and medical equipment, and household appliances and furniture. Some cases involve products already recalled, and in others the action we take may lead to a recall later.
Each case is unique, however cases typically range from 1 to 3 years.
In order to win a defective product liability you must prove that you were injured or suffered loss, that the product is defective, that the defect caused your injury, and that you were using the product as it was intended to be used or it was foreseeable that you would use the product in a different manner.
If using the defective product results in a consumer injury, the product is considered unreasonably dangerous and you are entitled to damages.
These laws have been applied to virtually every consumer based product imaginable, ranging from defective children’s toys, to malfunctioning airbags which fail to deploy in auto accidents . The common element shared by these cases is that a product sold to consumers caused the consumer to suffer injuries.
There are various types of product liability cases, but that are generally separated into three categories.
Commonly Asked Questions about Product Liability
Design Flaws
Manufacturing Defects
Failure to Warn
The Role of Design Flaws in Product Liability Litigation
Design flaws occur when there is something inherently dangerous about the design of a particular product. Consider the following scenario: John’s gutters are clogged. John purchases a ladder in order to remove debris restricting the flow of water through his gutters. The ladder he purchased has thin steps with no traction. While cleaning the gutters, a step gets wet and John falls, breaking his arm. In order to bring a product liability claim based on a design flaw, John (or his attorney) would have to prove that the steps were too thin or should have had traction; the ladder company was aware of this and failed to do anything to fix the problem.
Manufacturing Defects & Product Liability
Manufacturing defects are those that occur in the course of a product’s manufacture or assembly. A product has a manufacturing defect when the product does not conform to the designer’s or manufacturer’s own specifications. This type of defect is often the least difficult to prove as the manufacturer’s own design can be compared to the defective product to show it was in fact defective.
Failure to Warn Instructions & Liability
A company can be liable for failure to warn its consumers if the product was not marketed with the correct labels, or if it does not have sufficient instructions for use, or if the manufacturer has failed to warn the consumers about any dangerous aspect of the product that are not apparent. Misrepresenting the product on purpose can also be grounds for a product liability case.
The attorneys at Freundlich & Littman, LCC, handle all categories of product liability claims.
Our experience means we can handle defective product cases of all types, including:
Defective motor vehicles
Defective auto products
Defective airbags
Defective tires
Defective gas tanks
Harley-Davidson defects
Defective children’s products
Defective machinery
Defective medications and medical equipment
Defective household appliances and furniture
In some cases, we work with recalled products, including recalled foods. In others, the actions we take may lead to a product being recalled in the future.
For a free consultation from an experienced attorney, contact the law firm of Freundlich & Littman, LLC, today.
