When you purchase a consumer product, whether it’s an automobile, appliance, toy, pharmaceutical product or piece of athletic equipment, you expect that the company marketing the product has thoroughly tested it and has designed and manufactured the product in ways that don’t put your health or your life at risk. Unfortunately, in the race to be the first to market with a new device, many manufacturers simply don’t conduct the necessary due diligence to product the public. If you or someone you love has been hurt using a dangerous or defective consumer product, here are the ways you can seek damages for your losses.
A Defective Design Claim
A defective design claim alleges that manufacturers did not reasonably consider whether the configuration or design of the product would increase the likelihood of injury caused by the product. With a defective design claim, you are essentially saying that, regardless of how well made the product is, its design unreasonably creates a risk of injury. An example would be a motor vehicle where the design, whether it’s a high center of gravity or the use and location of only three wheels, leads to an unreasonable risk of rollover.
A Claim That the Product Was Defectively Manufactured
A claim that a product was defectively manufactured may be based on several different failures. The product may have been correctly fabricated or assembled but with substandard materials or parts. The product may have been negligently manufactured, with parts missing, or in the wrong place. The manufacturer may have failed to put procedures in place to ensure quality control of the product. Examples include tires caused by substandard rubber or toys with missing parts.
Allegations That the Manufacturer Did Not Include Adequate Warnings
These claims generally involve accidents that occur when products are used in ways not obvious to the user. For example, if a manufacturer reasonable expects that someone will try to stand on a product but knows that the product is not designed to hold that much weight, the manufacturer will reasonably be expected to warn purchasers of that risk.
At the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, we offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.