DELVING INTO PRODUCT LIABILITY CASES

Defective products are known to cause thousands of injuries and deaths every year in the U.S.

Recently, Kids in Danger, a nonprofit advocacy group, reported the largest number of children’s deaths – 38 – before a children’s product recall in the 19 years since it has been analyzing recall data.

In August, a defective Takata airbag killed a Honda driver, making it the 17th death caused by the shrapnel-shooting airbags in the U.S. Takata airbags have been the focus of the largest recall in U.S. automotive history.

Product Liability Cases – State by State
Product liability refers to a manufacturer or seller being held liable for a product malfunctioning and causing injury or death to the consumer. Product liability claims are based on state laws. The cases often focus on negligence, breach of warranty and liability. 

If a defective product has injured you, your case will likely come down to several key elements necessary for proving fault. Consider the following:

  • Defect: Does the product in question have a defect?
  • Injury: Did an injury occur?
  • Causation: The defect contributed to the injury?
  • Duty: Does the maker and/or seller have to provide safe products?

That seems simple enough. Then you have to determine who’s responsible for the defective product. Only recently has online retailer Amazon been deemed accountable for selling faulty  products despite being a reseller.

Who’s Responsible?

  • The product manufacturer
  • The parts manufacturer
  • The assembly plant or factory
  • The wholesaler
  • The retail store that sold the product to the consumer

Common Product Liability Defenses
If you’re considering a product liability case, know that you’ll have to prove that the individuals responsible must be clearly linked to the product in question. You’ll also have to prove that you didn’t alter the product and that you used it correctly. Reading the instructions before use is essential.

More Resources
U.S. Product Liability Law

Kids in Danger Report
Florida Liability Law

Considering a Product Liability Case?
Contact the Winston Law team. We’ll help you determine whether to move forward with a lawsuit.