Tuesday, February 5, 2008

What Makes a Product Defective?

We regularly hear stories of defective product victims. Maybe we can add up some friends or relatives in the list, or maybe, even ourselves. In some of these cases, we often hear victims being injured as a result of these defects.
Reading the article, “Products Liability in California: What You Should Know”, posted in July 10, 2007, one can learn certain facts about the liability of manufacturers in regard to defective products and the harm it may cause to consumers.
According to the article, manufacturers can be held liable for defects under the product liability law, which is a strict liability. By that, it means that you do not have to show the negligence of the manufacturer to recover damages for injuries due to a defective product.
But what really makes a product defective?
A product may be considered defective as a result of the following errors:
  • Design defects – These are errors in design. Oftentimes, manufacturers address the issue by making a recall of the product from the market.
  • Defective Manufacturing - These flaws result from mistakes or problems that take place during the actual production phase, and they may only affect a few specific items out of many properly working, safe products.
  • Inadequate Testing – This occurs when products have not been tested or examined adequately. As a result, some defects go unnoticed and may cause future injuries to consumers.
  • Marketing Misrepresentation - This can include everything from confusing, hard-to-follow instructions to incomplete warning labels, such as those on prescription drugs. Instructions and labels must be in simple, understandable language.
In some cases, defective products can also result into serious injuries and even death. Take the examples of defects in SUVs, the asbestos cases, medical malpractice cases, etc.
Injuries and harm caused by defective products may be recovered by going after the manufacturers and distributor of the said flawed items. In pursuing a claim for an injury for these cases, you will need the help of an expert witness to support your case.
In short, if you have been injured as a result of a product defect, you need to contact a product liability attorney in your area and inform him of the circumstances of your injury.