Consumer Product Defects
Defects in consumer products are as varied as the array of products available to consumers for purchase. The term “consumer products” can be used to describe household products, items used in everyday activities, lawn mowers and other equipment, common safety equipment like helmets and eye protection, or any other product that consumers find themselves utilizing.
If any of these products cause a serious or catastrophic injury, and it appears that the product malfunctioned or did not perform as expected, then a potential claim may exist.
When evaluating if a defect in a consumer product may form the basis of a legal claim, it is best to consider a few simple factors. First, due to the considerable expense involved in litigating any product defect case, the magnitude of the injuries sustained must be examined. As a rule of thumb, the injuries must be catastrophic and permanent to justify pursuing a claim. Second, the injury sustained must have been “caused” by the defect in the product itself or result from a failure to adequately warn of the dangers or hazards involved. Causation, as it is referred to by the courts, is a critical component of any case and must exist to pursue relief. Third, the possible legal theories that can be pursued must be considered. Generally speaking, product defect theories tend to revolve around claims that:
- the design of the product was such that it was unreasonably dangerous or defective;
- the product as made or manufactured was defective; or
- the warnings or instructions regarding the product where inadequate or improper and led to injuries.
If it is believed or suspected that a product defect caused a catastrophic injury an investigation should be conducted to determine if a claim exists. To ensure that the claim is properly preserved, it is critical that the product be kept, and that it not be tampered with or altered from the state it was in when the accident happened.
At the Didier Law Firm we have extensive experience in handling a variety of consumer product defect claims. If we can be of assistance to you in evaluating or pursuing a product defect claim relating to a consumer product please do not hesitate to contact us.