It probably does not take much time to remember the last incident you may have had with your car, a kitchen appliance or any daily product (prescription medications) that you frequently use. However, there are certain instances when products that we regularly use cause an injury for no apparent reason or without any warning. After a closer look one might discover the product was defective by no fault of our own. We all experience problems with the products in our lives, but in certain circumstances those problems can result in significant injury, chronic illness, or death.
Our laws provide remedies for those who have been injured by products under a legal theory called products liability. Just as we hold people accountable for any actions that cause injury, the law will hold product manufacturers, and others, accountable for injuries. Cases typically brought under a products liability theory usually involve causes of actions for negligence and breach of implied or expressed warranties. However, the law goes a step further and holds product manufacturers to a strict level of accountability when the injury is due to a defect in the product. The law also provides recovery if there is a design defect, manufacturing defect, or a marketing defect of the product.
Among those that can be held accountable for products liability include the following:
Moreover, there is a large scope of products that fall under this category, including:
- Food & Drugs (prescription and over-the-counter)
- Medical implants
If you or a loved one experienced an incident or were injured due to a defect in a product, contact Gilman & Allison, LLP for a free consultation and evaluation of your case.