The Mt. Vernon products liability attorneys at the Tom Riley Law Firm get a number of questions about product liability. If a product’s failure leads to an injury, then you may be able to recover from the manufacturer or distributor under a product liability claim. Broadly, product liability refers to a manufacturer or distributor being held liable for selling a defective product to a consumer. Those that can be held responsible in a product liability suit include the manufacturer, the seller, and all of the intermediaries that made it possible for the consumer to purchase the product. However, the consumer has to be able to establish that they were aware or should have been aware that the product was defective.
There are three main product liability legal theories: design defect, manufacturing defect, and failure to warn. Under the theory of design defect, the allegation is that the design of the product was inherently dangerous, making injuries foreseeable. The Ford Pinto offers a famous example of design defect; the car’s design meant that it had an unacceptable risk of catching on fire if in a collision. Under the theory of manufacturing defect, the allegation is that the product was designed correctly, but that they were manufactured in a way that made the product dangerous. Another automobile company, GM, faced manufacturing defect product liability because of incorrectly manufactured ignition switches that could shut off the engine during driving. Under the theory of failure to warn, the product is designed and manufactured correctly, but there are potential dangers in the product’s use. The cautionary statements one sees, urging people not to use hair dryers in bathtubs, are an example of manufacturers warning consumers against an inherent danger of the product.
If you have been injured because of a defective or inherently dangerous product, you may wonder if you have a valid personal injury claim against the manufacturer or the seller. You can schedule a consultation with the Tom Riley Law Firm to discuss your injuries and determine whether you have a claim.
