Common Products in Personal Injury Claims

Any product has the potential to be defective and cause an accident. However, there are some products that appear more often in product liability claims than others, including:

• Food: Food recalls are in the news every day it seems. These recalls show just how common defects in foods are. One of the reasons defects in food are so common is because food changes many hands before it reaches consumers. It is typically difficult to determine which party is liable because so many people have come into contact with the food before a consumer eats it. A product liability attorney can help determine which party is liable for paying damages through an investigation.
• Medication: Medication is essential to a person’s health, but that does not always mean it is safe. Prozac, Zantac, and Zoloft are just a few of the drugs that commonly form the basis of product liability claims.
• Childcare products: Whether it is talcum powder used during diaper changes or a toy children play with, it is crucial that manufacturers ensure these products are safe for children. Toys often have choking hazards and some childcare products, such as talcum powder, have been found to be unsafe. Manufacturers must identify when something is unsafe for a child and not include it in their product.
• Vehicles: Defects in vehicles are very common. When they are present, it results in some of the most serious accidents. For example, defective brakes in a vehicle can easily lead to an accident that causes a wrongful death.
• Construction equipment: Construction workers must work with some of the most dangerous equipment. When this equipment contains a defect, it not only places the person using it as risk, but also anyone standing nearby.

Sadly, the above are just a few of the most common types of defective products that form the basis of personal injury claims. Any time a person is injured by a product they believe was defective, they have the right to file a claim to recover any damages they incurred.

What Duty Do Manufacturers Owe to Consumers?

Manufacturers owe consumers a certain duty of care and the degree of that duty is very high. To meet that duty of care, manufacturers must make sure any product they put on the market is free of hidden dangers or defects and that it is safe for consumers to use. When a product is inherently dangerous, such as a chainsaw, manufacturers have a duty of care to warn consumers of those dangers and how to avoid them. Any time manufacturers do not meet this duty of care and an accident occurs, they can be held liable for paying damages for any injuries that result.

When manufacturers do not meet their duty of care, injured consumers can hold them liable in one of two ways:

• Strict Liability. Under strict liability laws, consumers must only prove that they were injured by a product while using it in the manner intended. Consumers do not have a legal duty to show that the manufacturer was negligent, or careless, and that it was the negligent act that caused an accident that resulted in injuries.
• Negligence. Under a theory of negligence, the injured consumer must establish that the manufacturer was careless in the design, manufacturing, or in their failure to warn of a product’s danger and that the manufacturer’s negligence caused the injured consumer’s injury.

Three Types of Defects in Product Liability Claims

Product liability claims can include three different types of defects.

• Defective Design. These defects occur during the phase when a product is being designed or conceptualized. For example, a chainsaw design that does not incorporate any safety features, such as a chain brake, is considered defective by its very design.
• Manufacturing Defects. Manufacturing defects are the type most people first think of when they consider a defective product. These defects occur during the actual manufacturing of the product. Using the same chainsaw example as above, the design of a chainsaw may include safety features, but if during the manufacturing process those features are not built into the product, it is considered defective.
• Failure to Warn. Manufacturers have a duty to warn consumers of any inherent dangers their product may present. Again, chainsaws are inherently dangerous, because they can powerfully cut through very strong objects. If a manufacturer does not provide this warning, it is a defect and manufacturers can be held liable for it.

Damages Available in Product Liability Claims

The damages, or compensation, available in product liability claims are meant to compensate injured individuals for any losses they sustained as a result of using a defective product. Some of the most common types of compensation available include:

• Medical expenses
• Lost income
• Property damages
• Pain and suffering
• Emotional distress
• Permanent disfigurement

Many people are unsure of all the damages they are entitled to. This is one reason it is so important for injured individuals to speak to a product liability attorney who can accurately evaluate their claim.

Get Legal Help Today

If you or someone you love has been injured by a defective product, the Bronx product liability attorneys at Silberstein & Miklos, P.C. are here to help. Contact us today to schedule a free consultation with one of our seasoned attorneys.