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Product Liability and Defective Products

Each year thousands of people in the United States are injured by defective or dangerous products. According to product liability law, manufacturers, sellers, and distributors of dangerous products may be held liable for injuries to consumers.

According to the U.S. Consumer Product Safety Commission (CPSC), more than 29.5 million people are injured each year as a result of defective products. If a defective product causes serious personal injury, product liability laws enable victims to sue manufacturers, sellers, or distributors for damages. Dangerous products that may cause injury are generally categorized as those with a design, manufacturing, or marketing defect.

A defective product is considered to have a design defect when a flaw in the product's design makes it unreasonably dangerous. Design-defect product liability claims often require proof of negligence; however, strict liability may be imposed for an unreasonably dangerous design if the plaintiff can present evidence that there was a cost-effective alternative design that would have prevented the risk of injury. Contact an Indianapolis, Indiana product liability and defective product attorney at the Law Offices of Doehrman & Chamberlain to schedule a consultation and learn more.

Manufacturing Defects

A defective product has a manufacturing defect when the product does not conform to the designer’s specifications. Manufacturing defects are generally considered to be among the easiest product liability claims to prove because the product’s design can be used to show the product was defective.
Marketing Defects

Marketing defects are flaws in the way a product is marketed, such as improper labeling, insufficient or incorrect instructions, or inadequate safety warnings. A negligent or intentional misrepresentation in the marketing of a product may also give rise to a product liability claim. If you have been injured by a dangerous or defective product, contact a product liability attorney at the Law Offices of Doehrman & Chamberlain. Our lawyers have the knowledge and experience necessary to help clients obtain the compensation to which they are entitled.

In personal injury lawsuits, to hold someone liable for a victim’s injuries, a lawyer must prove that negligent or careless actions led to the injury. However, in a product liability claim, it would be extremely difficult to show how and when a manufacturer, seller, or distributor was careless in the product’s production or distribution. Because of this, product liability law prescribes to “strict liability.” According to strict liability statutes, a manufacturer is liable for a defective product, even if the manufacturer was not guilty of negligence. Negligence occurs when a manufacturer, seller, or distributor acts recklessly and causes a victim’s injuries. The difficulty of proving negligence makes these claims rare. To successfully litigate a negligence product liability claim, an attorney must prove:

• The defendant owed a duty to the consumer.
• The defendant must reasonably guard against misuse of the product.
• The defendant violated this duty.
• The plaintiff was injured and this injury was caused by the defective product.

The third product liability theory is breach of warranty. A warranty is violated when a promise is broken because the product is not as should be reasonably expected at the time of sale. An express warranty is typically a guarantee from the seller of a product that specifies the extent to which the quality or performance of the product is assured and that states the conditions under which the product can be returned, replaced, or repaired. All products come with an implied warranty that they are safe for their intended use.

If you have been injured by a dangerous or defective product, contact Tom Doehrman. Tom can help you get the compensation to which you are entitled. Tom Doehrman has an impressive track record of successful verdicts and settlements. Call Tom for a consultation.