Product Liability

As a consumer, you have rights when you purchase a product and use it the way it was intended. When you suffer injuries as a result of using a product, because of defects in the way the product was designed or made that make them unreasonably and unforeseeably dangerous, you may be entitled to compensation for those injuries. Liability for those injuries could include anyone involved in the design, manufacturing, marketing or sale of that product. The lawyers at Tiedt & Hurd have years of expertise in the difficult task of identifying those parties, and in establishing their negligence in defective product cases.

Product liability cases can be pursued based on at least three separate "theories" of liability: (1) design defect;
(2) manufacturing defect; and (3) failure to warn.

Design Defect:

Design defect can be defined as "a shortcoming of an item resulting from a defect in its concept, and which can be avoided only through an alteration or redesign of the item." From a legal perspective, a “design defect” occurs when a designer creates and begins production of an unsafe product when safer, cost-effective alternatives existed but were ignored. This type of defect is inherent in the design of the product. For example, a chair that is designed with only three legs that are unevenly positioned might be considered defectively designed because it tips over too easily.

Manufacturing Defect:

A "manufacturing defect” is defined as "a shortcoming in a product resulting from a departure from its design specifications during production." This occurs when the producer of the product fails to follow the designer’s specifications. Using the chair example, if that chair had a proper design to be stable, but it is manufactured with one of the legs not bolted on correctly, the chair would be said to have a manufacturing defect. Usually, what needs to be shown is simply that the product was not made according to the plans and failed as a result.

"Failure to Warn"

The third type of product defect is the “failure to warn.” Also called "marketing defects," this occurs when the instructions or warnings on the product are inadequate to protect the consumer. In such a case, the maker, distributer and/or seller may be responsible for failing to tell consumers of a known danger in the use of the product, such as when labeling or owners’ manuals fail to provide proper or complete instructions, or where such labeling is misleading or insufficient.

Not every injury arising from the use of a product will allow the injured party to file a claim. If you have used the product improperly, or failed to read the operating instructions, your case may be severely limited. That is why it is important to seek a consultation with a qualified product liability attorney to determine if you have a case.

If you or a family member has been seriously injured or killed as a result of using a dangerous product, you need to contact professionals in this area. Call Tiedt & Hurd.