Manufacturers must design and manufacture safe products that do not injure consumers. A manufacturer’s duty follows the benefit of using our commerce system on product sales.
When a manufacturer makes an unreasonably dangerous product that seriously injures someone, they can be liable for the damages caused by their product. There are three common types of product liability claims:
Design Defects
In the 1970s, Ford manufactured a subcompact economy car called the Pinto. After the Pinto was sold to the public, it became apparent that it contained a serious design defect. The location and composition of the gas tank made the Pinto vulnerable to combustion if rear-ended.
The cars would often explode into a fireball, and many victims were severely burned. Shockingly, Ford executives met and decided it would be less expensive to settle personal injury lawsuits than to recall the vehicles and fix the design defect. This was a terrible corporate decision on many levels.
Only after 27 people were killed (many estimates are in the hundreds), hundreds of others injured, and dozens of lawsuits filed did Ford recall the defective vehicles. It was too late. The horror was done, and Pinto ceased production in 1980.
As with any type of defective design lawsuit, plaintiffs must show that the design caused their injuries. For example, a Pinto driver who drove too fast and ran off the road would not be compensated based on allegations of the defective design, which would have had nothing to do with that particular accident or subsequent injury.
Common Types of Defective Products
Defective products can pose serious risks to consumers, often resulting in injuries or even fatalities. These products typically fall into several categories based on the nature of their defects. Below are some of the most common types of defective products involved in liability claims:
1. Motor Vehicles and Automotive Parts
Motor vehicles and their components are frequent subjects of product liability cases. Common defects include:
- Faulty brakes or steering systems
- Defective airbags that fail to deploy or deploy improperly
- Seat belts that malfunction during accidents
- Poorly designed fuel systems prone to leaks or explosions
- SUVs or trucks with rollover risks due to design flaws
2. Medical Devices and Pharmaceuticals
Medical products are critical for health but can become dangerous if defective. Examples include:
- Faulty pacemakers or joint replacements
- Contaminated medications or incorrect dosages
- Inadequate warnings about potential side effects
3. Household Appliances
Appliances used daily can cause harm if they malfunction. Common issues include:
- Electrical defects leading to fires or shocks in items like toasters or space heaters
- Structural failures in washing machines or refrigerators
4. Children’s Products
Products intended for children require extra caution, but defects still occur, such as:
- Toys with small parts that pose choking hazards
- Cribs with structural weaknesses causing collapses
- Car seats with faulty latches
5. Electronics
Malfunctioning electronics can lead to significant injuries, including:
- Overheating batteries causing burns or explosions in devices like smartphones and laptops
- Wiring defects in household gadgets leading to electrical shocks
6. Food and Beverages
Contaminated food products can result in severe health issues, including:
- Bacterial contamination, such as E. coli or salmonella
- Packaging defects that compromise food safety
7. Industrial and Construction Equipment
Defects in tools and machinery used in construction and industrial settings can be hazardous, including:
- Faulty power tools causing lacerations or amputations
- Heavy machinery with inadequate safety features leading to accidents
Understanding these common types of defective products highlights the importance of proper design, manufacturing, and marketing processes to ensure consumer safety. If injured by a defective product, seek legal advice to determine liability and pursue compensation.
Manufacturing Errors
A manufacturing error occurs when the error was not part of the design and was not intended. According to the Legal Information Institute at Cornell Law School, it happens when the “product departs from its intended design and is more dangerous than consumers expect the product to be.”
One frequent example is a motor scooter that left the factory without brake pads. This would not be a design flaw but a manufacturing error. The product did not have the safety feature—brake pads—and was thus unreasonably dangerous. If you were injured in an accident when the brakes failed because the pads were missing, the manufacturer would be liable for your injuries.
Failure to Warn
Johnson & Johnson, the manufacturer of baby powder, has been getting a lot of press in the last few years, but not in a good way. Multiple lawsuits have been filed, and many large jury awards have been rendered to women who contracted ovarian cancer from allegedly using baby powder as a feminine hygiene product.
The allegations are that studies from many years ago showed a link between the use of talcum powder in the genital region and ovarian cancer. Even though Johnson & Johnson was aware of the studies, the company failed to warn users of the possibility of them contracting life-threatening cancer. One other manufacturer of talcum powder did warn its users. This warning has been used in court to show that Johnson & Johnson also knew of the dangers and should have been warned.
Johnson & Johnson’s response has been to repeatedly deny that there is a connection. Therefore, it had no duty to warn.
Other Defective Design, Manufacture, or Failure to Warn Problems
Frequently, consumers are warned about a product that has been recalled as unsafe. On October 24, 2017, Fisher-Price recalled 63,000 Soothing Motion Seats for babies. The item is a jumper seat with a motor. The motor bounces, jumps, and sways to soothe the baby when turned on. It also tends to overheat and, in at least one instance, catch fire.
In 2016, Ikea was forced to recall 27 million dressers due to a design defect. Several toddlers were killed in separate instances when the toddler climbed on an open bottom drawer, which caused the dresser to topple over on top of him or her.
Steps to Take After an Injury Caused by a Defective Product
If you’ve been injured by a defective product, taking immediate and deliberate action can protect your health and strengthen your legal case. Follow these critical steps:
1. Seek Immediate Medical Attention
- Prioritize your health by getting medical care, even if injuries seem minor.
- Document all diagnoses, treatments, and recommendations (these records serve as evidence).
2. Preserve the Product and Evidence
- Keep the defective product intact—do not repair, alter, or discard it.
- Save packaging, instructions, receipts, and any related documentation.
- Take photos or videos of the product, injury, and accident scene.
3. Document the Incident
- Write a detailed account of how the injury occurred, including dates, times, and witnesses.
- Keep a journal tracking medical recovery, expenses, and lost wages.
4. Avoid Discussing Fault
- Refrain from making statements to insurers, manufacturers, or social media that could be misconstrued as admitting fault.
- Direct inquiries to your attorney.
5. Consult a Product Liability Attorney
- Contact a lawyer at Blumenshine Law Group specializing in defective product cases to evaluate liability and compensation options.
- Our attorneys are able help identify responsible parties (manufacturers, distributors, retailers) and navigate complex claims.
By acting swiftly and methodically, you safeguard both your well-being and your right to pursue fair compensation. Early legal guidance ensures your case aligns with state laws and procedural requirements.
Contact a Product Liability Attorney
If you were injured, or someone you love was killed, and the cause of the injury or death was directly due to a defective product, you need the assistance of our experienced product liability attorneys at The Blumenshine Law Group. We are skilled in defective product litigation. Call or text us as soon as possible for a free consultation at (312)766-1000 or email [email protected].