Products liability is a broad term encompassing all manufacturing defects, product defects, defects in items designed for consumer use, and failure to warn the consumer of potential defects. Product recalls are issued to the general public from time to time voluntarily, or sometimes because the manufacturer, distributor, or retailer is compelled to do so. Injuries as a result of product defects can be extremely serious and in some cases, lethal. These cases are also difficult to try and can run the gamut. That is why it is so crucial to hire an attorney you can trust to litigate your case properly, seeking damages that are compensatory with your losses. Our attorneys at Rocky Mountain Personal Injury are all trained to litigate specialized cases including products liability claims, and can discuss your potential options for relief during an initial consultation.
Manufacturing Defects
You have probably seen commercials for defective medications or medical devices, or perhaps a company you purchased products from has issued a recall. Companies spend millions of dollars each year issuing recalls due to potential allergens, dangerous or deadly defects, or an otherwise unsafe product on the market. This is because companies, especially retailers, have a duty to warn consumers of defects based on common law principles of negligence. When a consumer buys a product, that consumer relies on the warranty of merchantability. The UCC warranty of merchantability states that a consumer can assume if a merchant sells them a product, that the product is fit for the ordinary purpose of which the goods/product is sold. Basically, this means that when a consumer buys a product, there is an implied warranty that the product conforms to its purported use and is not defective, damaged, or broken.
Product Liability Examples
Recently, the family and baby product manufacturer Fisher Price issued a voluntary product recall of a rock and play sleeper. The sleeper is designed like an infant bouncer, with a small swing or chair and belt harness, meant to hold an infant for play or rest hands-free. Bouncers and swings are not designed for sleep or naps because of the risk of infant asphyxiation. The rock and play sleeper was recalled because 73 infant deaths were reported during use. Deaths occurred because the infants were able to roll onto their sides or stomach and their airways were blocked. This is a clear example of a defective product that tragically caused fatalities. Cases like this sometimes result in class action claims if the plaintiff class can establish that the company was negligent in releasing the product, use of faulty materials, or failure to warn the plaintiff class of potential injury or death from use of the product.
Another common products liability claim stems from defective car parts. Often car retailers like Honda, Toyota or Ford issue warnings to their consumers about defective parts, like a steering wheel, drive shaft, or airbag deployment. Recently, Ford announced there is a small part in the brake-pedal bracket of the 2020 Ford Mustang that can cause fracture when the driver applies the brakes. Owners of this model are asked to bring the car to a local Ford dealership or mechanic for inspection and repair free of charge. Vehicle recalls are posted on the National Highway Traffic Safety Administration website, and thus far no injuries have been reported as a result of the defective product. Unfortunately in the past, injuries were sustained from faulty car manufacturing. In fact, in the 1980s, many cars designed fuel tanks in the rear or near the rear bumper, resulting in explosions during rear-end collisions. Many people died, and as a result, the NHTSA was formed. It is an independent administrative body that works to investigate defects, report statistics and issue safety protocol and warnings to consumers.
Call us Today for a Consultation
There are multiple products liability claims that could potentially stem from one consumer good. If you were harmed or suffered injury as a result of a defective good or product, you should seek medical help, and then call an attorney as soon as possible. You may have a potential claim for damages if you can establish the defendant’s negligence. Moreover, the manufacturer, distributor, retailer or merchant could all be potentially liable for one defective good. Our attorneys at Rocky Mountain Personal Injury Center understand products liability claims and can assist you in obtaining the compensation you deserve. Call today to speak to one of our lawyers about your case.
