WHAT MAKES A PRODUCT “DANGEROUS” OR “DEFECTIVE?”

Generally speaking, a product is considered “dangerous” or “defective” if it poses an unreasonable risk of injury or harm to the user when used correctly and as intended. Not all dangerous products are defective, and not all defective products result in injury. However, a manufacturer, distributor, or similar entity can be held liable for injuries and damages resulting from both dangerous and defective products.

There are three types of defects a product can have. These include:

• Design Defects: Design defects are flaws in the design of a product that make the product unreasonably unsafe when it is used correctly and as intended. For example, an SUV with a high center of gravity, causing it to roll over easily, or a pharmaceutical medication with excessively risky side effects that far outweigh the benefits of taking the drug.
• Manufacturing Defects: Manufacturing defects occur when products have a safe, reasonable design but an error is made or a flaw is introduced during production that causes the product to become unsafe for normal use. Examples include contaminated medications or food items, improperly installed seatbelts, and missing safety guards on power tools.
• Labeling/Marketing Defects: Labeling/marketing defects refers to missing signage, such as safety warnings and instructions, required for the safe use of a product. It also includes products that are marketed for off-label and/or untested use, such as medications that are prescribed to treat various health conditions for which they have not been adequately tested.

If you were injured by a product containing one or more of these defects, you could have a product liability claim against the manufacturer or another liable party. Our dangerous product lawyers at Potts Law Firm can review the specifics of your case and advise you on your legal options.

EXAMPLES OF DANGEROUS & DEFECTIVE PRODUCTS

Although any product can be dangerous or defective, some are more commonly the subject of product liability litigation than others.

Examples include:

• Automobiles: Common auto defects include dangerous vehicle design, missing components, and defective seatbelts, airbags, tires, brakes, accelerators, and engines.
• Appliances: Household appliances, such as washers, dryers, furnaces, water heaters, ovens, stoves, and refrigerators, can all pose a serious risk of injury if defective.
• Children’s Products: Examples include poorly designed or defective cribs, car seats, swing seats, blankets, bottle warmers, and toys with missing choking hazard warnings.
• Chemicals: Both household and industrial chemicals, including detergents, cleaners, solvents, and dyes, can be defective, putting users at serious risk of injury or illness.
• Electronics: Examples of commonly defective electronic devices include e-cigarettes and vapes, batteries, chargers, cellphones, computers, laptops, and tablets.
• Medical Devices: Defective and dangerous medical devices include IVC filters, transvaginal mesh, hernia mesh, ventilators, and more.
• Medications: Dangerous pharmaceutical medications include acne medications, antidepressants, diabetes drugs, and blood thinners (anticoagulants), like Pradaxa.
• Tools: Power tools, such as drills and saws, industrial equipment, and other tools pose a serious risk of severe injury when they are poorly designed, manufactured, or labeled.

This is not a complete list. There are many other types of products and consumer goods that can be dangerous and/or defective. If you were harmed by any type of defective product, it is in your best interests to reach out to an attorney as soon as possible. A lawyer from Potts Law Firm can review your situation and determine whether you have a case against the manufacturer or another liable party.

We represent clients in single-plaintiff litigation, as well as mass torts and class action lawsuits. Our firm has the extensive experience and considerable resources required to effectively pursue these cases. Get in touch with us today to learn more during a no-cost, no-obligation consultation.