Defective Product Cases

'Defective Products' are those which cause injury to a person due to some defect in the products' design, labeling, or use. In these cases, the manufacturers of the products are often liable for injuries caused and damages may be sought.

All 50 states have laws in place that allow persons injured by these defective products to seek damages. These cases include obvious defects, such as an automobile lacking brakes, as well as less obvious, such as side effects of prescription drugs.

Product Liability Basis

Although product liability laws vary between states, all share three basic legal theories that form the basis for a defective product case:

  • Manufacturing defects. This refers to cases in which injuries were caused by defects in the manufacturing of
    a product. Examples can include auto manufacturing errors, such as an improperly connected brake line.
  • Design defects. In cases of design defects, injuries are caused due to poor design, although there may not be any actual defect in the product. A recent example of massive design defects was the use of Firestone tires in the design of the Ford Explorer. These tires constituted
    a critical flaw that caused the vehicles to roll.
  • Inadequate warning. These cases involve injury caused due to a potentially dangerous product being mislabeled or sold without a proper warning. Recently McDonalds was judged to have sold hot coffee without proper warning, which resulted in injury. Another example
    would be drugs sold to consumers without dosage warnings.
    If you or one of your family members has been injured as a result of a product defect or one of the cases
    above, you should contact an attorney experienced with product liability cases to maximize your chance of recovery.



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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

Agencies & Product Recalls

  • Food & Drug Administration (FDA)
  • National Highway Traffic Safety Administration (NHTSA)
  • Consumer Product Safety Commission (CPSC)
  • Department of Agriculture
  • Coast Guard
  • Environmental Protection Agency (EPA)