January 17, 2017 · FLEMING | NOLEN | JEZ, L.L.P.
In product liability cases, there are a number of things that need to be considered when navigating the complex legal process. There are several legal theories under the umbrella of product liability. We understand how difficult product liability cases can be to prove liability. Below we have explained the different legal theories covered under products liability.
A product’s design is considered defective when the actual design of the product causes the danger to the user. For instance, if a machine has a sharp blade without having a guard to protect the user from the blade, it would be a design defect. Similarly, if a design encloses a heat source increasing the risk of overheating or fire, the failure to design the product to allow the heat to safely escape would be considered a design defect.
A manufacturing defect is when a product is not made to specifications and as a result, an injury occurs. For example, if a product is designed to utilize a particular quality of a part and a lesser quality is used, the produce would contain a manufacturing defect if the product causes injury as a result of using the lesser quality part.
Failure to Warn
When a manufacturer produces a product that it knows has specific dangers, the manufacturer must provide an adequate warning with the product. Many product dangers are unknown to the consumer of the product and; therefore, the manufacturer should provide the consumer with the risks of using its product. For example, in the case of drugs, a manufacturer must warn of the known side effects of the so the individual that is prescribed the drug can weigh the risks and benefits of taking the drug.
There are a number of dangerous products out there, including medical devices, household products, prescription drugs, and more. Our product liability attorneys at Fleming | Nolen | Jez, L.L.C. understand these types of cases and we aim to help each of our clients get through the difficult times that lie ahead and seek the compensation they need.
Contact our firm today to start discussing your legal options.