Defective Products/Products Liability

What is products liability?

Manufacturers have a duty to ensure that the products they make and sell – and earn profits on – are safe. That means they need to take care when designing and manufacturing products, and must provide appropriate instructions and warnings. Products liability is an area of law that holds manufacturers – and, depending on the circumstances of a case, distributors, suppliers, retailers, and others – responsible for injuries products cause. It gives consumers a way to obtain compensation for harm that never should have happened. And it gives those who reap the financial benefits of a product’s sale an incentive to keep the public safe.

On what basis may a products liability claim be made?

Typically, a products liability claim rests on one of the following three theories:

A design defect. The product was unsafe because its very design was flawed. Note that this means the entire product line is defective, not just the particular model that caused the injury.
A manufacturing defect. The product may be well designed, but it was assembled in a way that made it unsafe. For example, perhaps the paint that coated a child’s toy was toxic or otherwise dangerous.
A failure to warn. While the product was designed and assembled correctly, the manufacturer failed to include adequate warnings or instructions for its safe use.

What if I used the product incorrectly? Does that mean the manufacturer is not responsible?

In a products liability case, the defendant is likely to argue that you were not using the product as intended, so the fault is yours and it should not be held responsible. But the law doesn’t make it quite so simple. Manufacturers have a duty to anticipate all foreseeable uses – and misuses – by the consumers who purchase their products. And they’re required to warn about the potential dangers of using products in such ways. If they don’t, and an injury results, a manufacturer may be liable – regardless of whether the consumer was, in fact, using the product inappropriately.

What is strict or absolute liability with regard to a defective product?

Most products liability cases are not based on negligence but rather on what is known as strict liability. This means that manufacturers are held liable for injuries caused by a defective product whether or not they acted negligently. The idea is that a manufacturer – because of its greater wealth, resources, and product knowledge compared with the average consumer – is in a better position to absorb the cost of liability. It’s assumed, too, that a manufacturer would consider that cost when setting the price of its product.

In a strict liability case, it is unnecessary to prove that the manufacturer was negligent. All the injured consumer must show is that the product was defective, that the product was allowed to be sold, and that an injury was caused by the defect in the product.

Why is it important to work with a lawyer experienced in products liability cases?

One factor that makes a products liability case extremely challenging is the ferocity with which the defendant will fight it. Manufacturers have a lot riding on these cases: If a judge or jury agrees that a product was defective and caused harm, other injured consumers will quickly file suit, and once-profitable product lines – and sometimes the companies behind them – can quickly find themselves shut down forever. Little wonder, then, that a manufacturer will devote extensive resources and legal talent to these cases. That makes the obstacles difficult to overcome. But they can be, and are, overcome – when the right law firm is advocating the consumer’s case.

At Mary Alexander & Associates, our attorneys have been taking on products liability cases – and taking on some of the country’s most powerful manufacturers – for over a quarter of a century. We know the nuances of the law, and the strategies that make the difference between winning and losing. We know just how set on victory our opponents are. But that’s all right, because we’re set on winning, too. And as our record and reputation can attest, winning is another thing we know about.

How do I pay for your services?

It’s simple: Unless we recover a financial award or settlement, you don’t pay us anything. That’s because we handle products liability cases on a contingent-fee basis. In short, the risk is all ours: You pay us only if we’re successful. Expenses work the same way. We pay all the costs of the litigation and get reimbursed only if we obtain a settlement or jury award. Think of it this way: It may be your lawsuit, but it’s always our risk. That’s why you can be assured that if we take your case, it’s because we fully intend to win it.

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