We’re personal injury lawyers and handle a multitude of cases from various types of personal injuries including those from defective products. After the holidays and the surge of new products, we typically see a rise in injuries from defective products. We are often asked who Is liable for a defective product?
A product defect can be caused by the manufacturer or designer, but suppliers, distributors, and retailers may also be liable for a defective product.
The Manufacturer’s Liability
Sometimes a product is defective in a one-off instance. Something may have gone wrong at the manufacturing stage and one product may be the only product to become dangerous. It is also possible that a manufacturer was told there was a risk and failed to place adequate warnings on a product to protect the consumer. When a manufacturer fails to be responsible in protecting the consumer, they may become liable for a defective product.
The Designer’s Liability
A designer may become liable for a defective product when they make a design that can cause personal injury or even death. An example of this might be in designing a toy for very young children with small parts that can be swallowed and cause choking. If the design does not meet certain standards for safety, especially when designed for children, the designer may be liable for a defective product. This can also be true when dealing with LiPo batteries which are known to be dangerous if not adequately protected.
The Supplier’s and Distributor’s Liability
Suppliers and distributors may have no knowledge of a product’s defects until after an incident occurs. However, when a product is placed on the market with a known defect, or continues to be sold after a defect has been warned, they may be liable for a defective product.
Faulty products that are defective and/or dangerous can cause serious injuries and even death. When a personal injury occurs from a defective product, it’s important to follow the supply chain to discover where the defect stemmed from and if it was known and by whom. It is important for consumers to read all safety instructions that come with a product and use it accordingly. When used appropriately and with due caution, if a product causes an injury or death, you’ll want to have a team of experts on your side. At Rahman Law, we have experience representing clients in defective products cases and use experts to help us discover where the liability may lie to build an appropriate case.