The Basics of Product Liability Claims

Most of our readers have probably heard someone say, “They don’t make them like they used to.” This, of course, refers generally to the changes in the way many products are manufactured these days – usually with cheaper materials and perhaps with less developmental testing.

The products that might not be made like they used to can be anything from toys to automobiles. So, what happens if someone is injured by a defective product?

In essence, product liability law states that a designer, manufacturer or distributor for a defective product – or all of them – may be held legally liable if the defective product injures a consumer. These types of claims oftentimes hinge on one factor in particular: whether or not the product in question was defective when it was purchased by the consumer or came into the consumer’s possession.

Failure to warn

When you think about it, product liability law is one of the reasons we see warning labels on products or product packaging so often these days. This is true even for products that have obvious dangers, like a lawn mower with sharp blades or small toys that might be a choking hazard for young children.
One type of defect recognized by product liability law is defective marketing. This can include marketing a product to consumers who should not be using it or failing to warn them of its inherent risks.

While failure to warn can be a part of products liability cases, the defective nature of a product is oftentimes what leads to harm for consumers. If you believe you have been injured by a defective product, be sure to have your potential claim evaluated carefully.