Any Defective Product That Causes Harm Should Have You Calling a Product Liability Lawyer

There are many types of defective products, and there are three types of product defects, but there is only one Weltchek Mallahan & Weltchek. A firm that built its reputation on a willingness to take on complex matters against some of the country’s largest corporations and has consistently achieved historic financial recoveries for its clients. Further, consider a product defective if it causes physical harm to the user. A defective product contains a legal cause of damage, and those persons damaged by the product have recourse for compensation. Indeed, product liability is a tortuous and intriguing aspect of our legal system. Six federal agencies regulate a great deal of product safety:

• Food and Drug Administration (FDA)
• Consumer Protection Safety Commission (CPSC)
• National Highway And Traffic Safety Administration (NHTSA)
• United States Department of Agriculture (USDA)
• United States Coast Guard (USCG)
• Lastly, The Environmental Protection Agency (EPA)

United States Department of Agriculture (USDA) recall events increased by 25% in the first quarter of 2021 compared to quarterly averages in 2020. (Insurance Journal)

Examples of What Makes a Product Defective

Any product that causes injuries due to manufacturing errors, bad design, or without specific and understandable warnings can be defective. As an example, pharmaceuticals may be considered defective if:

• They marketed without inclusive warnings or insufficient directions
• An error occurred during  manufacturing or production
• Over time, the drug includes dangerous and serious side effects

Children’s car seats or booster seats may be considered defective when buckles and/or straps break easily, or can readily be unfastened by the child. When the seat becomes separated from the base unit upon impact it is probable that the infant will suffer severe injury. Other examples of potentially dangerous and unsafe children’s products include:

• Toys
• Products made with lead paint or other chemical toxins
• Baby formula
• Clothing

Three Types of Product Defects 

Design Defect

In the case of a design flaw, there are two case scenarios. When a product’s initial design varies from the original intent, and that flaw is found to be dangerous or harmful — it is flawed.  Additionally, if a product is made according to expectations and then found to be flawed, it is defective by design.

Manufacturing Defect

Any product has a manufacturing defect if:

• There was an error made in the production of the item
• If the materials included poor quality
• A mistake made during the assembly of the product

Warning Defect

Some products have an obvious risk of danger, some products carry hidden dangers if not used properly. It is vitally important for the manufacturer of a product to provide a warning to the consumer that is comprehensive and easily understood

The Basics of Product Liability Lawsuits

Note that when filing a defective product claim, use any or all of the reasons listed above. No matter what the product is, the manufacturer has a responsibility to produce a safe product to:

• The person who purchases the item
• Any person who may potentially use the product
• Any person injured by the product

Those seeking compensation for an injury must show:

• A flaw in the design or production of an item resulted in injury
• The product’s manufacturer should have been aware of the defect
• The defective product was the cause of his or her particular injury

Negligent behavior occurs if: 

• The specific product was not manufactured according to specifications
• Not enough research conducted before the production of the product in question
• The product went without the proper testing
• An effective warning was not provided

Parties Potentially Liable for a Defective Product

It is never acceptable to value profits over public safety. Every person or entity in the chain of distribution becomes accountable for the safety of a product. Determining who was initially responsible for the flaw or defect resulting in an injury can be a complicated issue. Those found complicit include:

• Manufacturers
• A wholesaler
• The distributor 
• Lastly, the retailer

Compensation May Be Possible for Product Liability 

A person who is injured by a defective product can seek compensation for relevant medical expenses, loss of income, and loss of expected future income, In addition, it is possible to be awarded financial compensation for pain and suffering, and emotional distress. As with any personal injury issue, those defending against the claim will have legal representation. Further, some probable defenses include:

• Their client did not design the product
• A client did not manufacture the product
• The product was not actually defective
• Someone tampered with or altered the product
• Someone did not used the product as intended
• Lastly, the plaintiff used the product incorrectly

The most common items cited in a product liability lawsuit include:

• Child safety seats
• Dangerous drugs and medication
• Motor vehicle parts and accessories
• Cosmetics
• Food products
• Medical equipment
• Lastly, children’s toys and furnishings

Product Recalls

Product recalls frequently occur, unfortunately all too often these recalls do not happen until many consumers have been injured or killed. Here is an example of some very recent product recalls:

 May 2021 recalls from the Consumer Product Safety Commission:

• Leisure Time Products Brutus Swing Sets Due to Injury Hazard 
• Infant sleep bags due to suffocation risk; sold at T.J. Maxx, Marshalls, and Sierra 

 May 2021  FDA recalls: 

•  Dibar labs hand sanitizer for the presence of Methanol 
•  Sanit Technologies LLC Durisan Non-Alcohol Antimicrobial Hand Sanitizer for possible infections in a person with a hand-wound or scrape 
• Novo Nordisk Sample packs of diabetic medications for reduced efficacy due to temperature storage 

Find a Product Liability Lawyer

Time is an important factor in a product liability claim. Indeed, if someone in your family receives an injury from a defective product, we want to help. Contact us at 410-825-5287 for a free consultation.