When a consumer is injured by the proper use of a product, the law of products liability applies. Products liability law deals with injuries resulting from use of a product that is unsafe due its design, the manner in which it was manufactured (a manufacturing defect), and/or the manner in which it was sold, marketed and/or furnished to the injured party.
Every day we use or come in contact with all types of manufactured products and machinery. Under the law, the manufacturers, distributors and in some cases the owners of these products have an obligation to ensure that they are designed and constructed to be safe to use or, in cases where they could cause danger, provide adequate warning that a danger exists.
If these obligations are not met and innocent people are injured, just restitution for that injury can be obtained through the courts. We have successfully represented clients who have been injured by cars, poorly designed household and recreational products and inadequately marked chemicals.
In products liability law, a seller or manufacturer can be sued for negligence or strict liability. Claims in negligence require the showing of a breach of an owed duty of care. Strict liability claims allow recovery for injuries as long as the consumer shows use of the product the way it was intended to be used and according to the manufacturer’s instructions. Typically, manufacturers defend their products by claiming improper use, failure to heed warnings or follow instructions, or alterations by the purchaser. It is extremely important to seek professional counsel regarding the particulars of handling a product liability case.