Defective Products
A defective product is any product that causes injury to a person due to faulty labeling, a design defect, or defective manufacturing. Any type of product has the potential to be defective - including children’s toys, breast implants, prescription drugs, and automobiles.
Types of Defective Products
There are many products that have been deemed defective over the years. Some of the more recent defective products include:
- Sulzer hip replacement
- Sulzer knee replacement
- Baxter dialysis filter
Product Liability
Product liability refers to the responsibility held by the manufacturer, designer, distributor, and/or retailer of any consumer product to ensure that it does not cause harm. This means that the manufacturer of a product must ensure that proper warnings are included on labels and that defects do not occur during manufacturing.
If a defective product does cause an injury, there are four types of liability that may be established:
- Negligence - occurs if improper assembly or defective parts result in injury.
- Breach of warranty - occurs if the seller of a product fails to uphold a claim.
- Misrepresentation - occurs when advertising claims lead consumers to believe a product is safer than it actually is.
- Strict liability - occurs if the victim can show that the product is defective and that the defect caused the injury.
Legal Rights
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Legal Rights Questions
If you feel that you have grounds for a lawsuit, contact an experienced attorney today for a case evaluation.