Product Liability: Protecting Consumers from Dangerous Products

Every day, people use a variety of products—from household appliances to vehicles and medications—expecting them to be safe. However, when products are faulty or dangerous, they can cause serious harm to consumers. Product liability law exists to hold manufacturers, distributors, and retailers accountable for the safety of the products they sell. If you or a loved one has been injured by a faulty product, understanding your rights under product liability law is essential.

What Is Product Liability?

Product liability refers to the legal responsibility of manufacturers and sellers for harm caused by faulty products. When a product is unsafe and causes injury, the injured party can file a product liability claim to seek compensation for their damages. Unlike other personal injury cases, product liability claims do not require proof of negligence but focus instead on whether the product was faulty or inherently dangerous.

There are three primary types of product defects that can lead to a liability claim:

1. Faulty design: These defects exist before the product is manufactured. A faulty design makes the product inherently dangerous, even when manufactured correctly. For example, a car with a poorly designed braking system can lead to accidents, regardless of how well the brakes are installed.
2. Manufacturing defects: These occur during the production process and affect only certain units of the product. A manufacturing defect could be caused by substandard materials or assembly errors. For instance, a batch of airbags that deploy improperly due to a factory mistake would be considered to have a manufacturing defect.
3. Marketing defects (failure to warn): These defects involve inadequate instructions or failure to provide sufficient warnings about the risks associated with using the product. For example, a pharmaceutical company may fail to warn consumers about dangerous side effects associated with a medication, putting users at risk.

In California, “failure to warn” claims can arise under both strict liability and negligence. Under strict liability, a product is defective if it poses an unreasonable danger without adequate warnings, even if it is properly manufactured. The plaintiff must show that the defendant failed to warn of a risk that was known or knowable at the time of manufacture, regardless of the defendant’s reasonableness. In negligence, the plaintiff must prove the defendant’s conduct fell below the standard of care, meaning a reasonable manufacturer would have provided a warning. The duty to warn applies to all entities in the distribution chain, but there’s no duty to warn of obvious risks or those known to sophisticated users.

Who Can Be Held Liable in a Product Liability Case?

One of the unique aspects of product liability law is that multiple parties in the product’s distribution chain can be held responsible for injuries caused by a faulty product. These parties include:

• Manufacturers: The primary party responsible for the product’s creation. This includes the company that designed and produced the product.
• Distributors: The companies or individuals responsible for getting the product to market, such as wholesalers.
• Retailers: The stores or websites that sold the product to the consumer. Even if a retailer did not cause the defect, they can still be held liable for selling a dangerous product.

Examples of Product Liability Cases

Product liability claims can arise from a wide range of faulty products, from electronics to medical devices. Some common examples of product liability cases include:

• Faulty vehicles: Faulty car parts, such as airbags, brakes, or tires, can cause accidents leading to severe injuries. Large-scale recalls often result from design or manufacturing defects in vehicles.
• Dangerous medications: Prescription drugs and over-the-counter medications can cause serious side effects if not properly tested or if manufacturers fail to warn about potential dangers.
• Unsafe toys: Children’s toys that present choking hazards or contain harmful chemicals can result in serious injuries or illnesses.
• Household appliances: Faulty kitchen appliances, power tools, or electronics can malfunction and cause fires, electric shocks, or other injuries.

How to Prove a Product Liability Claim

To successfully pursue a product liability claim, the injured party must prove that the product was faulty and that the defect directly caused their injury. There are several key elements to a product liability case:

1. The product was faulty: You must show that the product had a design, manufacturing, or marketing defect. This could involve expert testimony or documentation, such as recall notices or evidence of similar accidents involving the same product.
2. The fault caused the injury: There must be a clear link between the product’s defect and the injury sustained. This can include medical records, accident reports, or other evidence showing how the faulty product caused harm.
3. The product was used as intended: If the injured party was using the product in a way that was not intended or explicitly warned against, it may weaken the claim. For example, if someone modified a power tool in a way that made it unsafe, the manufacturer may not be held liable.

Strict Liability in Product Liability Cases

Many product liability cases are based on the legal concept of strict liability. Under strict liability, the injured party does not need to prove that the manufacturer or seller was negligent in making or selling the product. Instead, they only need to show that the product was faulty and that the defect caused their injury.

Strict liability is beneficial for consumers because it places the responsibility on companies to ensure their products are safe before they reach the market. This means manufacturers, distributors, and retailers can be held accountable for faulty products, regardless of whether they were aware of the defect.

Compensation in Product Liability Cases

Victims of faulty products may be entitled to compensation for various damages, including:

• Medical expenses: This includes the cost of emergency care, hospital stays, surgeries, medications, and any necessary rehabilitation.
• Lost wages: If the injury caused by the faulty product prevents the victim from working, they may be able to recover lost wages, as well as compensation for reduced earning capacity in the future.
• Pain and suffering: Compensation for physical pain, emotional distress, and diminished quality of life may also be awarded.
• Property damage: If the faulty product caused damage to personal property (e.g., a fire caused by a faulty appliance), the victim can seek compensation for repair or replacement costs.
• Punitive damages: In cases where the manufacturer’s actions were particularly reckless or egregious, the court may award punitive damages to punish the defendant and discourage similar conduct in the future.

Steps to Take If You’ve Been Injured by a Faulty Product

If you believe you’ve been injured by a faulty product, taking immediate action is critical to protect your legal rights. Here are some important steps to follow:

1. Seek medical attention: Your health is the top priority. Be sure to seek medical care for your injuries and keep records of your treatment.
2. Preserve the product: Do not throw away the faulty product or any packaging or instructions that came with it. The product itself will be crucial evidence in proving your claim.
3. Document everything: Take photos of the product, your injuries, and any damage caused by the product. Also, keep records of medical bills, repair costs, and any communication with the manufacturer or retailer.
4. File a report: If applicable, file a report with a consumer protection agency. Reporting the defect can also help prevent others from being injured.
5. Consult with an attorney: Product liability cases can be complex and require expert legal guidance. An experienced product liability attorney can help you navigate the legal process, deal with manufacturers and insurance companies, and ensure you receive the compensation you deserve.

Conclusion

Faulty products can cause serious harm to consumers, but product liability law provides an important avenue for holding manufacturers, distributors, and retailers accountable. If you’ve been injured by a faulty product, it’s essential to understand your rights and the steps you need to take to protect them.

By gathering evidence, preserving the product, and working with an experienced attorney, you can seek the compensation you need to recover from your injuries and prevent further harm to others.