Products Liability Law

Gary L. Wilkins | Catherine Gemma

Consumers should be able trust that the products they purchase are safe when used as designed. Unfortunately, consumers are often injured by common products and devices they use every day. Automobile seat belts and air bags fail to operate. Car roofs crush rather than protect occupants. Automobile gas tanks may catch fire or explode. Machinery and power tools used by workers fail and cause injuries. Defective chairs and ladders can collapse. Household products, toys, equipment, medical prostheses and pharmaceuticals can be designed or manufactured with defects that pose dangers. The list of potential defective products is nearly endless. Sometimes the failure of these products cause significant injuries or death.

Products liability is the area of law that requires designers, manufacturers and suppliers to pay for injuries to consumers caused by defects and hazards in the products they market. The purpose of products liability law is to ensure that the costs of injuries resulting from defective products are borne by the parties who place such defective products on the market.

There are three different theories on which a products liability action may be based: negligence, breach of warranty and strict liability. A negligence theory looks to the reasonableness of the defendant's conduct. A manufacturer must exercise reasonable care in designing, manufacturing, inspecting and testing its products. Manufacturers and sellers must also exercise reasonable care to warn of dangerous conditions. If a consumer is injured by the failure of a manufacturer or seller to exercise reasonable care in discharging the above responsibilities, they may be held liable under a negligence theory.

If you or someone close to you has been injured by a defective product, you should keep the product and any packaging, instructions, and labels. These items are important in proving your case. Please contact Wilkins Frohlich to allow us to assist you further: CONTACT