The Dangers of Defective Products
This article, provided by the California defective product lawyers at Banafsheh, Danesh & Javid, P.C., offers information on the dangers of defective products.
Content
The Dangers of Defective Products Manufacturers are responsible for manufacturing and marketing safe products. Manufacturers are held strictly liable under product liability laws for defective products put on the market. Companies which produce or sell products in the state of California are responsible for making certain that those products are safe and do not present a hazard to the consumer public. Products may be considered dangerous for a flawed design inherent in the product itself, a safe design which becomes inadvertently altered during manufacturing, or packaging which does not attempt to properly warn consumers of known dangers. Everyday household products, home appliances, medical devices, electronics, and even children’s toys are examples of possibly defective products which can pose significant risks to consumers. A staggering number of injuries and deaths are caused each year by the innocent use of defective products. Section 102-2 Uniform Product Liability Act According to the Uniform Product Liability Act, product liability may be applied to actions/claims for personal injury, death, or property damages caused by any of the following:
Product design Product formula Defective manufacturing, preparation, or assembly Warnings Testing Installation Omissions and errors in instructions Packaging Marketing Labeling
History As early as the mid nineteenth century, product liability began to take on meaning as United States courts increasingly began to find that manufacturers and sellers of merchandise had a duty to use reasonable care in the manufacturing of goods. Sellers were held responsible/liable for the sale of products considered inherently dangerous from drugs, to food and beverages, to explosives, to firearms. Tort principles first began to be applied to product liability in the 1960’s when a shift occurred to the principles of negligence or tort, holding that manufacturers of products were required to use due care in their marketing of products to consumers. Since then businesses have had the understanding that because they are engaged in the willful marketing of products to consumers, they owe a legal duty of prudence and caution to their consumers. Product manufacturers are responsible for foreseeing any potentially harmful effects of their products, and they must try to minimize harm or injury which could result from use of those products. Breach of duty became a possible finding in American courts by the establishment of legal duty between the manufacturers and consumers. Throughout the country these principles
are now accepted and followed by U.S. courts. The idea of products being inherently dangerous fell out of use, and the concept of negligence was applied to such aspects of manufacturing and distribution as design, inspection, labeling/advertising, and installation. Four Essential Elements for Product Liability In order for product liability cases to be considered under principles of negligence/tort, four elements must be present:
A breach of duty occurred by the defendant meaning there was a failure to act in a reasonable manner. A duty was owed by the defendant to the plaintiff to act as any reasonable person would under similar circumstances. Injury or injuries were suffered, or property was damaged. A cause and effect link exists between the breach of duty on the part of the defendant and the plaintiff’s injuries or property damage sustained.
In addition, although the law recognizes that it is often not possible to design a completely safe, risk-free product, manufacturers are obligated under the law to warn consumers about dangers they are aware of that the consumer should also know about. Companies may be found to be negligent if:
They know of a recognized risk and fail to warn consumers of this risk. Warnings of possible risks to consumers are too general, vague, or unclear. Warnings are present but not brought to consumers’ attention in the effort to sell more products. Product warnings must be issued/communicated so that any reasonable individual would understand them; a warning sticker on a product, for example, may not be sufficient.
Today the concept of strict liability is in effect meaning that the manufacturer can be held liable for allowing a defective product to enter the marketplace and be purchased by consumers. Not just the manufacturer but each member of the distribution chain can be held liable under strict liability. When products are used as directed and still cause injury or death, the manufacturer can be held liable. Consumers trust that every caution has been taken in the design and manufacture of products consumers use. When a faulty product such as a faulty electrical switch causes an electrical accident or fire, or when a pharmaceutical manufacturer created a medication such as Vioxx which causes additional medical problems/concerns, a defective product case may be viable. Defective and Dangerous Toys According to the United States Consumer Product Safety Commission, there were more than 170,000 injuries related to children’s toys, involving children younger than age 14 in 2007 alone. The injury rate among children playing with defective toys has steadily increased since the year 2000. Defective toys have been responsible for dangers to children such as the following:
Pointed, jagged edges on toys creating hazards of puncture injuries Missing warning labels on toys Small toy parts representing a choking hazard to small children who often put toys and toy parts in their mouths Dangerous toy packaging which may present a suffocation hazard Malfunctioning electric and battery-powered toys which are prone to overheating, presenting risk of fire Toys manufactured using toxic paints or chemicals such as arsenic, lead, or cadmium— small children are especially susceptible to the dangers of lead and other chemicals due to the developing of their young brains and bodies. Loud toys which could produce hearing loss especially in younger children/toddlers
Contact an Attorney Today! If You or a Loved One Has Suffered Pain or Injuries from the Use of a Defective Product If you or a loved one has suffered pain or injuries from the use of a defective product, please contact the personal injury attorneys at the law offices of Banafsheh, Danesh & Javid, P.C. in order to determine whether you have a valid defective product case. Call us at (800) 820-1111 or fill out our online contact form. These articles are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.
Product design Product formula Defective manufacturing, preparation, or assembly Warnings Testing Installation Omissions and errors in instructions Packaging Marketing Labeling
History As early as the mid nineteenth century, product liability began to take on meaning as United States courts increasingly began to find that manufacturers and sellers of merchandise had a duty to use reasonable care in the manufacturing of goods. Sellers were held responsible/liable for the sale of products considered inherently dangerous from drugs, to food and beverages, to explosives, to firearms. Tort principles first began to be applied to product liability in the 1960’s when a shift occurred to the principles of negligence or tort, holding that manufacturers of products were required to use due care in their marketing of products to consumers. Since then businesses have had the understanding that because they are engaged in the willful marketing of products to consumers, they owe a legal duty of prudence and caution to their consumers. Product manufacturers are responsible for foreseeing any potentially harmful effects of their products, and they must try to minimize harm or injury which could result from use of those products. Breach of duty became a possible finding in American courts by the establishment of legal duty between the manufacturers and consumers. Throughout the country these principles
are now accepted and followed by U.S. courts. The idea of products being inherently dangerous fell out of use, and the concept of negligence was applied to such aspects of manufacturing and distribution as design, inspection, labeling/advertising, and installation. Four Essential Elements for Product Liability In order for product liability cases to be considered under principles of negligence/tort, four elements must be present:
A breach of duty occurred by the defendant meaning there was a failure to act in a reasonable manner. A duty was owed by the defendant to the plaintiff to act as any reasonable person would under similar circumstances. Injury or injuries were suffered, or property was damaged. A cause and effect link exists between the breach of duty on the part of the defendant and the plaintiff’s injuries or property damage sustained.
In addition, although the law recognizes that it is often not possible to design a completely safe, risk-free product, manufacturers are obligated under the law to warn consumers about dangers they are aware of that the consumer should also know about. Companies may be found to be negligent if:
They know of a recognized risk and fail to warn consumers of this risk. Warnings of possible risks to consumers are too general, vague, or unclear. Warnings are present but not brought to consumers’ attention in the effort to sell more products. Product warnings must be issued/communicated so that any reasonable individual would understand them; a warning sticker on a product, for example, may not be sufficient.
Today the concept of strict liability is in effect meaning that the manufacturer can be held liable for allowing a defective product to enter the marketplace and be purchased by consumers. Not just the manufacturer but each member of the distribution chain can be held liable under strict liability. When products are used as directed and still cause injury or death, the manufacturer can be held liable. Consumers trust that every caution has been taken in the design and manufacture of products consumers use. When a faulty product such as a faulty electrical switch causes an electrical accident or fire, or when a pharmaceutical manufacturer created a medication such as Vioxx which causes additional medical problems/concerns, a defective product case may be viable. Defective and Dangerous Toys According to the United States Consumer Product Safety Commission, there were more than 170,000 injuries related to children’s toys, involving children younger than age 14 in 2007 alone. The injury rate among children playing with defective toys has steadily increased since the year 2000. Defective toys have been responsible for dangers to children such as the following:
Pointed, jagged edges on toys creating hazards of puncture injuries Missing warning labels on toys Small toy parts representing a choking hazard to small children who often put toys and toy parts in their mouths Dangerous toy packaging which may present a suffocation hazard Malfunctioning electric and battery-powered toys which are prone to overheating, presenting risk of fire Toys manufactured using toxic paints or chemicals such as arsenic, lead, or cadmium— small children are especially susceptible to the dangers of lead and other chemicals due to the developing of their young brains and bodies. Loud toys which could produce hearing loss especially in younger children/toddlers
Contact an Attorney Today! If You or a Loved One Has Suffered Pain or Injuries from the Use of a Defective Product If you or a loved one has suffered pain or injuries from the use of a defective product, please contact the personal injury attorneys at the law offices of Banafsheh, Danesh & Javid, P.C. in order to determine whether you have a valid defective product case. Call us at (800) 820-1111 or fill out our online contact form. These articles are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.
