After making a purchase, we all expect the product to be safe and to function as advertised. However, the reality is that defective merchandise does reach consumers, putting people at risk. That’s where product liability laws come into play. The purpose of product liability laws are to hold negligent manufacturers and sellers accountable for the distribution of a product that should not have made it into the hands of consumers.
What is Product Liability?
Product liability refers to the legal responsibility that companies have to ensure their products don’t pose unreasonable dangers to consumers. If a defective product causes injury, damages or even death, these parties can be held liable through product liability lawsuits or claims.
Types of Product Defects
Product liability cases generally revolve around a few major defect categories:
Manufacturing Defects – These occur during the assembly or production process due to error, malfunction or another issue. Examples include:
- Vehicle safety components malfunctioning, like airbags;
- Children’s toys containing lead paint; or
- Improperly constructed electronics that could spark fires.
Design Defects – Even if a product is constructed properly, there could have been an inherent flaw in the design that makes it unsafe when used as intended. Common design defects may involve:
- Lack of safeguards to prevent user injury;
- Risks of overheating; or
- Sharp pieces that could cause injury.
Marketing Defects – Companies have a duty to provide adequate instructions and warning labels about any hidden dangers associated with their products. Failure to do so could constitute a product liability. Common marketing defects include:
- Missing warning labels about risks of toxic chemicals;
- Incomplete instructions leading to misuse and injury; or
- Misleading claims about a product’s safety features.
Hurt by a Defective Product? We Can Help
If you or a loved one has suffered harm caused by a product, attorneys at Herrling Clark Law Firm are available to provide legal consultation. The legal team at Herrling Clark has extensive experience product liability cases. Contact any of our offices in the Fox Valley for more information about pursuing a product liability claim.