Defective Products & Law

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A defective product is defined as that which causes some injury or damage to person as a result of some flaw or weakness in the product, its labeling, or the way the product was used. By law, the manufacturer of the product that caused the injury, as well as those involved in the chain of commerce, are often liable for injuries caused by defective products.

When one has been injured by a defective product, they typically file a product liability claim. Product liability cases can be very expensive to bring to court. Some attorneys will work on a contingency basis, but some states and some attorneys will require that a claimant pay the costs associated with pursuing a lawsuit up front, making product liability claims at times costly.

How does one define a defective product? Defective product criteria describes a product that is not safe as any reasonable person would expect. A product not being ’safe’ does not cover just physical problems that can cause injury but also damage caused by inaccurate instructions or the suitability of the product for the purpose it was advertised.

What is a product? A product is defined as goods, foods, component parts – basically, anything a human can use.

Some of the most recent defective product compensation cases have included: medications and drugs, sofas, cosmetics, child seats, breast implants and even hair removal treatment.

When somebody feels that they have become the victim of a defective product, they can make a claim. The claim is made either against the manufacturer or anybody who supplied the item – such as branders. If a number of people are injured by a product, they can come together to create a group action or class action. Class action suits are often a more cost effective way to make claims against large corporations, manufacturers or retailers.

To bring a claim to court does require some research or a good attorney. Laws vary from state to state. Typically, product defect cases are based on what is called strict liability rather than negligence. What this means is that to prove fault on the part of the manufacturer of the defective product you must to the following:

(1) show the product was “unreasonably dangerous” or “defective”;

(2) show you were injured from use of the defective product; and

(3) have an injury that was caused by the defect in the product.

To win such cases, many states require that you prove that the product was both defective and unreasonably dangerous – not just one or the other. To prove a product is unreasonably dangerous is to show it was dangerous to an extent beyond that which would be contemplated by an ordinary consumer. While this language is loose and broad, it is meant to show that many products are dangerous and that consumers should know this when purchasing such items as knives, power tools or guns. But, if that consumer uses a defective product in a way that an ordinary consumer would and is injured, then they may have a valid case.

Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: