Product Liability Law: Protecting Your Right as a Consumer to Safe Products

Nearly every week we hear of a product recall in the news, encouraging people who have purchased the affected product to return the product for replacement, repair, or a refund. The vast majority of these recalls are issued out of an abundance of caution in order to prevent injuries from occurring in the first place. In these situations, companies are often going above standard safety procedures in order to maintain their track record of safe, quality products.

For each safe and responsible company out there, however, there may be another company focused more on its profits. These companies may rush products through testing in order to make it to market, may make design decisions to save a few cents, or inadequately warn of potential dangers. Before you know it, these defective items may be for sale or waiting to be used by unsuspecting consumers.

Product Liability Law Holds Designers and Manufacturers Responsible for Their Products

We live in an imperfect world, and yet as consumers, we are entitled to near perfection when it comes to product safety. From the early stages of product design and testing through the final stages of mass production and distribution, companies are responsible for ensuring that the products they sell will be safe when used properly.

When companies place flawed products into the hands of consumers, the flaws may not be discovered until a consumer is hurt or killed. While some mistakes are honest and simply were not caught in time, others are quite clearly evidence of willful neglect in rushing a product to market. Common high-profile liability claims include defective and dangerous products like:

• Motorized Vehicles
• Pharmaceuticals
• Medical devices, such as implants and surgical mesh
• Children’s furniture and toys
• Electronics

The Elements of a Successful Product Liability Claim

Product liability claims usually fall under one of three categories:

• Defective Design: In a product liability claim claiming defective design, the product has been manufactured and inspected properly, but the design of the product itself in inherently flawed. If your injury was caused by design defects, such as a child’s toy with small parts that could be a choking hazard, you may have a defective design product liability claim.
• Defective Manufacturing: In cases of defective manufacturing the product was designed properly but manufactured improperly and departs from its intended design. Auto part recalls are often a result of defective manufacturing. Other examples include products that break due to substandard materials.
• Failure to Warn: An additional area of liability may result when a company does not adequately warn consumers of the potential dangers of a product in its intended use. Some of us may remember the decades old case of the fast food customer scalded by a cup of coffee. Since that time warning labels on coffee cups and lids have become the norm, and is an example of a properly labeled product.

In order for your claim to be successful, your Salt Lake City product liability lawyer will need to prove the following four elements:

• You were using the product in it intended manner
• You suffered injury or loss while using the product
• The product had a defect, either in design, manufacturing, or failure to warn
• The defect caused your loss or injuries

These elements may be difficult to prove, and the manufacturer may often go out of its way to prove that your injuries were the result of your own negligence or unreasonable use. An experienced Salt Lake City product liability attorney can help ensure evidence is properly gathered and preserved, and your case is properly prepared.

If You Have Been Injured by a Dangerous Product, Call Winder & Counsel

At Winder & Counsel, we believe in your right as a consumer to enjoy safe products. When your trust in a company is violated due to a defective product and you suffer injuries as a result, let our firm go to work for you. To discuss your case with a Salt Lake City product liability lawyer, call our office today at 801-322-2222.

We have helped clients collect millions of dollars when injured by:

• Exploding Gas Cans
• Exploding Gas Lines
• Seat Belts
• Air Bags
• Implants
• Vioxx
• Prempro
• Premarin
• Asbestos
• Arandia