Manufacturers and sellers of products must be held accountable for placing reasonably safe products into the marketplace. When products are designed so that they have dangerous flaws or when a product is so unreasonably dangerous that it could never have been made safe, the manufacturer and seller of the product can be held responsible for the harms caused by use of the product.
Sometimes a product is considered a defective product when there are not proper warnings on how to use or avoid using a product. In this case, the defect is the failure to warn.
A few product types involving defects or recalls:
- Essure Birth Control Implant
- Hernia Mesh Implants
- IVC Blood Clot Filters
- Talcum Powder Cancer
- Many Prescription Drugs
- Certain Vehicles/Vehicle Parts/Truck Tires
- Medical Devices and Equipment
- Baby Strollers
- Space heaters
- Other household items
The product designer may not always be the product manufacturer. A design defect is frequently the result of poor engineering or considerations in the development of how to build the product. Sometimes people who discover new drugs are referred to as “innovators” or someone who invents a chemical compound to be used for a certain purpose. Innovators and designers frequently patent their products and then contract with manufacturers who produce the products. Manufacturers are responsible under the law for defective designs in the products from which they profit.
Sometimes a product is designed properly, but it was not made correctly to the specifications. These cases are known as manufacturing defects. Sometimes the correct materials are not used so the product is not strong enough, pure enough or does not work properly. When a product fails because of material substitution or deviation from a good product design, then the manufacturer of the product may be responsible for a manufacturing defect.
Failure to Warn
Product labeling includes the manufacturer’s communications to the consumers about how to use the product and to warn about potential harms of different types of product use. Sometimes products are not dangerous unless used in a way for which they are not designed. As an example, there are age warnings on toys that may be hazardous to younger children. If a toy has small parts that could cause choking, it may not be appropriate unless a child is over possibly five years of age. Also, there are warnings that the average use of the product may not foresee, then the designer, manufacturer and retailer have a legal responsibility to warn about those potential risks of harm. The law considers a product without a failure warning to be a defective product. The designer, manufacturer and retailer can be held responsible for the harm caused as a result of failures to warn.
Attorneys at The Yost Legal Group are very active in pursuing product liability claims for defective drugs. Drugs can be defective because of their design defect, because of a manufacturing defect, or because of a failure to warn.
If you suffered injury from a product that you believe to have been unreasonably defective for the reasons above, please contact The Yost Legal Group and speak to one of our defective product lawyers about a potential product liability lawsuit. The initial consultation is free. If we take your case, we do so on a no win/no fee or expense basis. If you have any questions, please do not hesitate to contact us.
Automobiles are highly regulated products as used universally throughout the country. Frequently, there are manufacturing defects or defectively designed automobiles that cause injury. Sometimes one potential way people learn about a defective product is after the product has been in use for a while and there has been a recall. A recall is when the manufacturer acknowledges that the product is defective and offers to pay to fix the defect for free. Manufacturers usually do not make this determination until they have significant information about the risks of harm. Therefore, it is more likely that there is a genuine defect if there has been a recall.
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