Commonly Asked Questions about Product Liability

How long does it take to settle a product liability lawsuit?

Each case is unique, however cases typically range from 1 to 3 years.

How do you prove product liability?

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.

Can I sue for a defective product?

If using the defective product results in a consumer injury, the product is considered unreasonably dangerous and you are entitled to damages.

Product liability laws differ from state to state, but the basic premise is that companies have a duty to protect consumers from potential hazards, even if the damage is primarily caused by consumer negligence or consumer misuse. The principle behind these laws is that companies possess greater knowledge about their products, so it stands to reason that they would be financially responsible for injuries and property damage.

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.

These categories are:

• 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.