Common types of product defects include automotive defects, pharmaceutical defects, and defective toys.
Those who are injured by defective products may bring defective product cases under premises of products liability. The term ‘products liability’ is used to describe laws that provide for the compensation of those injured by dangerous or defective products. In some states, manufacturers are held liable for any defective products they sell that have caused injury.
This means that those who are injured need only prove that the product at issue was defective and that it was, in fact, the cause of the injury. Defective products can be faulty by the nature of how they were designed, the manner in which they were manufactured, or the way the products were marketed.
A defective product design is a fault in the way the item was engineered. A defect in manufacturing is a fault in the way the product was assembled. Defective marketing means the advertisement for the product was misleading and caused consumers to use the item in a manner for which it is not well suited or designed.
One of the most common defenses negligent parties in products liability cases will raise is that the injured party misused or altered the product and thereby brought the injury upon themselves.
Types of injuries incurred through the use of defective products can range widely, to include injuries to the back or neck, amputation, poisoning, internal organ injuries from defective drugs and death. Defective product cases tend to be complex, requiring a thorough investigation of the product, the alleged defect, and the responsible party.
The injured party must do more than prove they were injured while using the defective product. They need to show that use of the defective product caused the injury. The injured party must then show that the product which injured them was used as the advertisement and packaged literature expressed it should be used.
That is, the injured party must make the strong and convincing argument to the effect that the product was used by the injured party in the way the manufacturer intended for their customers to use it, that this manufacturer recommended use combined with the defect present in the product together produced injury.
Should the party seeking to be made whole for injuries presents compelling evidence to these points, they stand a good chance of being awarded for damages.