Defective Products
Each year, thousands of people suffer serious injuries because of defective products. Many die. Oftentimes, the victims are children.
Examples of defective products recently recalled by the Consumer Product Safety Commission include certain brands of:
- Computer armoires. The upper doors and upper door components can fall off and injure people.
- Furniture refinisher. The vapors can seep from the nozzle base at the top of the can and pose a risk of fire and chemical injuries.
- Miniature skateboard key chains attached to teddy bears. The skateboard's wheels can come off and pose a choking hazard to young children.
- Oven cleaner. An improperly attached valve assembly can separate from the can and cause the oven cleaner to spew out. This poses a risk of chemical burns to the skin and eyes.
- Children's overalls. Snaps on the overalls can detach and pose a choking hazard to young children.
- Hairdryers. Failure to equip the hairdryer with ground fault circuit interrupters to cut off electrical current in case of contact with water, presents shock and electrocution hazards.
- Juice Extractors. The filter and lid can break apart, project metal and plastic into the air, and cause injury to people.
Unfortunately, this list could go on and on. What is even more alarming is the number of defective products used by children. Millions of toys, playpens, cribs, infant carriers, car seats, romper sets, strollers, and even teddy bears have been recalled after causing injuries and even fatalities. A young child can easily choke on a small toy part, suffocate in a defective crib, or be strangled by slats in a wooden bunk bed.
When a person is injured by a dangerous product, he or she may have a products liability action against the seller or manufacturer of the product. Although you may have a claim because you actually bought the product and were injured, you may also have a claim if you were an innocent bystander and were injured, or if you borrowed the product from a friend, used it, and were injured. A products liability claim can be brought against the manufacturer of the product as well as the supplier, distributor or retailer of the product. Manufacturers and sellers of dangerous goods can be sued for negligence under various circumstances, including:
- failure to inspect or test the product before placing it on the market
- creating a flaw in the product
- failing to discover a flaw in a product
- failure to discover that the product could be dangerous
- failure to warn or adequately warn of a risk or hazard associated with the product
The seller and manufacturer can also be sued for strict products liability. That means, proof of negligence isn't necessary. So long as it can be shown that the product was defective and unreasonably dangerous, you may be able to recover.
Free Consultation
If you, or someone you care about, have been the unfortunate victim of an defective product, contact our law firm for a free consultation.
