What is a products liability claim?

A products liability claim is a claim that is based upon an injury sustained as a result of a product that was unreasonably dangerous. Examples of products that have resulted in product liability cases are flammable baby clothing, toxic baby toys, power saws without proper, or any guards, sump pumps without a grounding devices, and firearms without inertia firing pins. Each year, thousands of persons are injured by defective products. Claims arising from these injuries are known as “product liability” cases.

To recover under a theory of strict products liability, the injured party must prove: (1) that an unreasonably dangerous condition or defect existed in the product; (2) that the condition existed at the time the product left the manufacturer’s control; and (3) that the condition was a proximate cause of the person’s injury or damage.

In general, a product is unreasonably dangerous or defective if it fails to perform in a manner reasonably to be expected in light of its nature and intended function. Products can be defective and unreasonably dangerous in any one of three ways.

First, a particular item may contain a manufacturing flaw. An example of this would be improperly fastened rivets, which fail under stress, causing an engine to become disconnected from the airframe and resulting in an airship crash.

Second, a product may be defectively designed. An example of this would be a failure to design effective O rings on a space shuttle engine, resulting in an explosion during flight.

Third, the product may have an informational defect (such as inadequate warnings, directions, or instructions). An example of this would be the use of highly flammable materials used in baby clothing, without any accompanying notice or warnings to the parents.

Product liability cases can be complicated. If you or a loved one should be injured by a defective product, you should seek experienced legal advice as soon as possible.