What Types of Defective Products Warrant a Personal Injury Lawsuit?


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When you make a purchase as a consumer, you have certain expectations that you feel a product should meet. First and foremost, the product should work. If you buy a product to accomplish a particular job or meet a specific need, the product must be able to perform as advertised. Second, the product should be safe. While some products may come with a certain degree of risk, you want to feel secure about what you are buying and using. This is precisely why consumers spend so much time researching products and reading reviews before making important purchases.

The good news is that the majority of purchases you make in your lifetime will be perfectly fine. The unfortunate news is that defective products still account for thousands of injuries each year in the United States. If you or a loved one was severely injured by a defective product, you may have the option to pursue legal action and hold businesses accountable for their dangerous products.

Products are Defectively Manufactured

If injury occurs because there was an error in how a product was made, then you have a defectively manufactured product. Maybe there was an issue at the factory, or maybe certain products received faulty parts, or perhaps certain batches of a food or medication were contaminated with a harmful substance. A few examples of products that were defectively manufactured may include:

  • A bicycle that has a small crack in the frame
  • A batch of ice cream that is contaminated with bacteria
  • A medical device that is made with a faulty part

Products are Defectively Designed

If an individual is injured because a product is fundamentally dangerous, then you likely have a defectively designed product. This kind of defect is not the result of a fluke incidence or some kind of error that transpired during manufacturing. These products were made exactly according to the specifications indicated by the manufacturer. Unfortunately, they were designed in a way that would make them dangerous for consumers. Just a few examples of products that were defectively designed may include:

  • Toys that have been designed for children but pose a choking hazard
  • Certain vehicles that are easily susceptible to flipping over when turning a corner
  • Airbags that do not deploy properly during a car accident
  • Furniture that is structurally unstable

Products Lack Adequate Instructions or Warnings

Many products come with some degree of danger. But often these products do not have adequate warning labels for consumers. All information about how to properly use a product or any potential dangers should be readily available to consumers. Here are several examples for instances where you may be able to file a product liability lawsuit because a product lacked adequate instructions for safe use or warnings about potential dangers.

  • You took an over-the-counter medication, but that drug failed to include a warning on the serious side effects that could occur if it was used in combination with certain other medications.
  • You purchased a seat for your baby, but it did not come with a warning about the dangers of letting your child sleep in it.

Determining If You Should Take Legal Action

If you have been seriously injured by a defective product, you may have substantial grounds to file a personal injury lawsuit. However, the first step to pursuing legal action is to consult with an experienced attorney. When manufacturers and companies have a lot at stake with their products, they will often put together a strong defense to deny any personal injury lawsuits that may come against them. For this reason, it is imperative that you have a knowledgeable legal professional on your side.

In order to have a chance at receiving compensation for your injuries, you will have to make a strong case. Your personal injury lawyer will need to gather proof that you used the product correctly and were injured because of a defect. Whether the product was defectively manufactured, defectively designed, or failed to include the necessary instructions or warnings, you will need to be able to prove what went wrong.

Ross Feller Casey has an unmatched record of legal victories in all types of personal injury lawsuits, including those involving defective products. For more information about filing a lawsuit, contact one of our experienced product liability lawyers now for a free consultation.

Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.