Other Product Defects

Product liability refers to an area of law devoted to protecting people from unsafe or dangerous and defective products.  Product liability is similar to a basic torts lawsuit of negligence, in that the maker of the product owes a duty of care to users of the product, and when the manufacturer breaches that duty by producing a faulty product, the maker is liable for the injuries caused by use of the product.  Product liability is different from the usual negligence case, however, in that the actual element of negligence or fault need not be proven by the plaintiff.  In many instances, it is sufficient to show that the product was not misused yet caused injury.

Types of Defects

Defective products are often the result of either design defects or manufacturing defects.  A faulty design makes the product inherently unsafe to all potential users of the product.  A manufacturing defect could be the result of a problem on the assembly line or with the materials used, or some error anywhere along the production line.  A defective product in this sense may be only a certain batch or lot of product units, or it may even be only one single product that is defective.  Manufacturers are nonetheless liable for defects either in design or manufacturing.

Failure to Warn

Another way in which a product may be considered defective is if it contains incomplete or inadequate warnings.  Some products are inherently dangerous and cannot be made safe.  For instance, gasoline is highly flammable, but if were rendered inert, it would no longer be an effective product.  Other product may emit harmful vapors and require proper ventilation or the use of eyewear, gloves, or other protective clothing.  When products require special precautions to be used safely, the manufacturer has a duty to provide clear warnings of the dangers and necessary precautions.  These warnings or instructions must be easy to notice and understand by the consumer.  When a product is made or sold without adequate warnings, it is a defective product, and the makers, distributors, or retailers are liable for any injuries it may cause.

The product liability lawyers at Langdon & Emison have years of experience litigating personal injury and wrongful death cases arising from automobile defects and other defective products.  Our experience ranges from large products such as cranes and construction equipment to household items such as oscillating fans and reclining chairs. 

If you were injured by a product that was used correctly for its intended purpose or a reasonably foreseeable purpose, you may have a claim against the designer, manufacturer or retailer for making or selling a defective product.  Contact the product defect attorneys at Langdon & Emison for a free consultation to evaluate your claim.