Christmas Gift Gone Wrong

Not every year can promise the Hallmark Christmas you’ve always imagined. Some years you may find yourself digging up a 20 foot Christmas tree when you forgot your chainsaw, or having frozen your tongue to a traffic light pole. But even if you are offered dry turkey and mystery jello at supper and given a subpar gift at your company’s holiday party, rest assured that when things go wrong, you can count on us.

With the season’s exceptional increase in gift giving and receiving, we are prepared to meet the complications that follow, including product liability. This is a common issue that arises when a product causes needless injury to its user. The law recognizes two distinguishing categories for product liability: a manufacturing defect and a design defect. A manufacturing defect indicates that a product was not constructed according to its intended design. There may be an issue with the parts used in assembly or with the assembly itself. Generally, this type of product liability is more easily recognizable than a design defect. This is defined by a flaw in the product’s design. It is either an inadvertent-a mistake made by the manufacturer or a conscious design choice which is often made for cost efficiency. It can be difficult for a judge, jury, consumer or manufacturer, to determine what is to be considered unreasonably safe. However, there are steps you can take to promote the safety of these manufactured goods.

First, keep in mind the principle that a product must be reasonably safe for its intended use. If you question whether or not this is being upheld, consider these questions: Was there an injury? Was the product involved? And was the injury more serious than what you would have reasonably anticipated? If you believe that you can answer “yes” to these three questions, you ought to seek legal assistance. Do not hesitate to investigate and seek legal help if you have a reasonable concern for a product’s safety. It is important that these liability issues are reported to prevent further injury among other users.

We hope that your Christmas season brings only joy and safety. However, we recognize that these cases of product liability may cause serious injury to you and your loved ones and are therefore committed to promoting the safety of this year’s hottest gifts. So, if you suspect that your Christmas gift has a more serious flaw than it being an itchy sweater from grandma, please give us a call.