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What Is Product Liability?

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A visit to the FDA’s website can reveal hundreds, and even thousands, of product recalls for a range of reasons. In November 2020, a manufacturer recalled berries for potentially containing salmonella. Just a month prior, another company recalled a vegetable product for undeclared egg. These may not seem like significant issues, but they could help describe what product liability is.

 

What is Product Liability?

To define product liability simply, you would say it’s a manufacturer, seller, or distributor’s responsibility if a buyer becomes ill or injured due to a defective product. That’s not to say that any product you buy can’t be responsible for hurting someone. Still, manufacturers, sellers, and distributors must all do their best to maintain strict production standards.

Under product liability law, buyers have legal protection if products are unreasonably dangerous. It can be anything from the design of a product to its manufacturing processes.

In the examples above, not declaring egg in a product is not an apparent defect, but it can become known if someone with an egg intolerance suffers an illness from eating that product. A manufacturer, distributor, or seller, must take responsibility when these situations arise.

 

But What About Naturally Dangerous Products?

A product can be naturally dangerous, which makes it difficult to avoid getting hurt when you use it. Knife manufacturers, for example, shouldn’t be liable every time someone cuts their finger while preparing dinner.

In these instances, product liability claims can come about when a product doesn’t have appropriate labeling to warn people of those risks. The American National Standards Institute (ANSI) regulates warning labels. These must state the existence of hazards, the risk severity, the hazard effects, and how to avoid the hazard.

 

What is a Product Liability Lawsuit?

Let’s say you purchased a product that had defects from the manufacturing process. You were then injured while using that product because of those defects. You may like to see a product liability attorney in Dallas, Texas who can walk you through the steps for potentially filing a product liability lawsuit.

If successful, this lawsuit could highlight the manufacturer’s negligence. It may even make sure your medical and financial needs relating to your injury or illness were taken care of.

 

Most Common Product Liability Lawsuits

Among the most common product liability lawsuits are inadequate warnings or instructions, dangerous drugs, products with defects (in design or manufacturing), and medical devices. Several pharmaceutical and medical companies have been sued for drugs like Zoloft, Paxil, and Abilify, along with medical devices like hip replacements and defective breast implants and IUDs.

Toys that are choking hazards, vehicles prone to flipping or fires and heavy, unbalanced objects that pose a risk are also among some of the most common product liability lawsuits.

Sometimes, it can merely be a case of failure to warn – which means a manufacturer did not provide adequate or suitable warnings to prevent injury or illness. Someone could then use a product in a way they didn’t realize was dangerous and became ill or injured as a result.

 

What Do I Do if I Have been Injured or Made Ill by a Product?

If you believe a manufacturer, distributor, or supplier has been negligent, you may like to see a Texas product liability lawyer for help. They will be more than happy to hear your story, talk you through the best steps to take, and let you know whether a product liability lawsuit could be an option for you.

 

Hire A Product Liability Lawyer You Can Trust

Don’t delay in talking to us at J. Alexander Law Firm as soon as possible. The sooner you act, the sooner you may have your issue rectified. Contact us today to schedule a free consultation.