Product liability is when a product that you purchase is defective in some way and you or someone who uses the product gets injured from using it. Product Liability seems like a straightforward concept. However, when you are looking into the law behind it and who is responsible, things get more complicated. There are three aspects of product liability that need to be defined in every case. But they boil down to one issue: Who is at fault for the product being defective and causing harm?

Was it a Design Defect?

Is this a flaw in how the product was designed to be made and was in place before it was sent to manufacturing?

Was it a Manufacturing Defect?

Did something happen in the manufacturing of the item that was not in the design and was in place before it was put on the market?

Was it a Marketing Defect?

Was there an issue with the labeling or advertising of the product that would have lead to someone being injured? Was there misinformation given or were instructions incorrect or were there no warning labels?

Each of these would allow there be different people or companies involved in the lawsuit. If you have experienced a defective product but are unsure of who is at fault, please call us. We can help you assess the situation and help start the process of putting together a product liability case.

One of the most famous defective products that we have seen recently was the Samsung Galaxy 7. Within weeks of rolling out this new phone, Samsung was receiving reports that the phones were experiencing extreme temperature changes and that some of them were exploding. The most extreme cases were airplanes that needed to deplane when a phone began to smoke and pop and a car that caught on fire from a phone that exploded. Samsung initially blamed a type of battery that was being used which would have been a manufacturing defect. However, when other batteries were being used, they were experiencing the same issue, meaning that it was also a design issue.

Please call us today if you have experienced a defective product and had an injury. We can help you through this complicated legal process.