You, the consumer, have the legal right to assume that the products you use follow all products laws. When products do not abide by such laws, and a person is injured, the manufacturer (and in some cases, the engineer, retailer, distributer, wholesaler, and/or others in the chain of marketing) may be held legally liable and responsible.  

Two major things may be accomplished by pursuing a product liability claim: First is just compensation for the injured person; and second is economic incentive for manufacturers to produce safe products and provide sufficient warning of the dangers of their products, which will, in turn, save lives and prevent serious injuries.

Generally, product liability claims / actions are based on three areas of law.  Proving the elements of any one of these causes of action will establish liability:

1. Negligence;

2. Strict Liability; 

3. Breach of Warranty.

There are normally three ways that a product may be found to be dangerous and unsafe.  Any one of these three defects can create liability):

1.  A design defect or flaw that creates a dangerous product;

2.  A manufacturing flaw or defect (that is, failure to produce the product according to plans and specifications);

3.  Inadequate (incomplete and/or unclear) warning or instructions for using the product.

Below are a some common examples of defective products:

Hazardous power tools;

Defective appliances;

Dangerous children's toys;

Unsafe car seats or cribs;

Poorly designed cars, trucks, motorcycles, bicycles, other vehicles, and boats;

Pharmaceuticals and drugs that cause dangerous side effects or even death.

If you or a loved one have been injured by a product, contact attorney Matthew Tozer.

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