FAQ: Defective Products
What constitutes as a defective product
A product may be found to be defective because of a manufacturing defect, a design defect or a warning defect.
What is a manufacturing defect?
A manufacturing defect exists if when the product left the manufacturer's control, it differed from the manufacturer intended result or from apparently identical products of the same manufacturer and the product was used in a manner reasonably foreseeable by the defendant, but caused plaintiff injury.
What is a design defect?
A design defect exists when a product is manufactured exactly as the manufacturer intended, yet the product is legally defective because of a design flaw.
What if the products contained a disclaimer? Does the manufacturer still have a duty to warn?
A product manufacturer cannot avoid a strict liability claim by placing any type of disclaimer on the product. Disclaimers are unenforceable for the purposes of product liability law. A product that is not otherwise defective in manufacture or design may still be considered legally defective if a suitable warning about its dangerous propensities is not given or the manufacturer fails to provide appropriate safe use instructions.
What if the product that injured me is old?
The age of a product does not act as an automatic bar to a product liability suit. Older products are not expected to meet modern standards of production and safety.
Will my defective product case settle out of court?
Maybe. Although most the cases settle out of court, product liability cases may be the exception since manufacturer does not want to admit it designed a defective product. Even with a confidential settlement, there is a hesitancy to settle. This is why you need to retain an attorney who is willing to take the time and expend the money necessary to try a product liability case.
What damages can I recover in a defective product case?
If a plaintiff can prove that the product is defective, he or she is entitled to recover damages for past and future medical treatment, past and future wage loss, damages for pain, suffering and emotional distress, and, if the plaintiff can establish bad enough conduct on the part of the company punitive damages.
A product may be found to be defective because of a manufacturing defect, a design defect or a warning defect.
What is a manufacturing defect?
A manufacturing defect exists if when the product left the manufacturer's control, it differed from the manufacturer intended result or from apparently identical products of the same manufacturer and the product was used in a manner reasonably foreseeable by the defendant, but caused plaintiff injury.
What is a design defect?
A design defect exists when a product is manufactured exactly as the manufacturer intended, yet the product is legally defective because of a design flaw.
What if the products contained a disclaimer? Does the manufacturer still have a duty to warn?
A product manufacturer cannot avoid a strict liability claim by placing any type of disclaimer on the product. Disclaimers are unenforceable for the purposes of product liability law. A product that is not otherwise defective in manufacture or design may still be considered legally defective if a suitable warning about its dangerous propensities is not given or the manufacturer fails to provide appropriate safe use instructions.
What if the product that injured me is old?
The age of a product does not act as an automatic bar to a product liability suit. Older products are not expected to meet modern standards of production and safety.
Will my defective product case settle out of court?
Maybe. Although most the cases settle out of court, product liability cases may be the exception since manufacturer does not want to admit it designed a defective product. Even with a confidential settlement, there is a hesitancy to settle. This is why you need to retain an attorney who is willing to take the time and expend the money necessary to try a product liability case.
What damages can I recover in a defective product case?
If a plaintiff can prove that the product is defective, he or she is entitled to recover damages for past and future medical treatment, past and future wage loss, damages for pain, suffering and emotional distress, and, if the plaintiff can establish bad enough conduct on the part of the company punitive damages.