All too often consumers are injured by products they think are safe. Despite heavy regulation to ensure the safety of consumers, certain products contain defects due to their design, manufacture or marketing. However, when a product fails causing injury, the manufacturer may be held strictly liable for the unsafe product, which means that they can be held liable without a finding of fault.
A simple mistake on the factory room floor can render a product inherently dangerous, even though it may be safely designed. Manufacturing defects are problems that often occur because of corner-cutting, a lack of quality control, or even negligence.
For example, the circuitry in an electronic device may be improperly wired, causing electric shocks when used. Manufacturing defects can lead to serious injuries.
A design defect is a problem that is common to all examples of the product. It is the design of the product itself that makes the product inherently dangerous.
A car made to travel at a high rate of speed but designed without safety devices such as air bags seat belts would be an extreme example of a defectively designed product.
A manufacturer may be liable for a marketing defect where it fails to warn consumers of a particular danger posed by the product. Even where the product may not be defectively designed or manufactured, it may still be considered defective if the manufacturer should have warned the public about certain unsafe charismatics or risks concerning the product.
Failures to warn are often relevant in pharmaceutical and prescription drug cases where a manufacturer has failed to warn of a serious side effect of a drug that was not anticipated by the consumer of the drug.
Products liability cases often involve complex and technical issues requiring the expertise of an expert witness. The attorneys at Armstrong & Lee LLP have extensive experience working with experts to identify the root of the problem in products cases. We have the knowledge and experience to identify when a manufacturer can be held liable for an unsafe product, and we have the expertise to hold that manufacturer to account. Contact us today for a free consultation regarding your case.