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Power, Rogers & Smith: Product Liability Cases

What is Product Liability? It involves injuries or death caused by the use of a product, machine, equipment, automobile, bus or even plane.

How do I know if a product was defective in the design or manufacturing?
That is a good question and one that takes special skill and experience to answer. Sometimes common sense is the best indicator on whether a product is defective. You should ask yourself these questions; "Should this have happened?" "Should the product have performed and failed to perform in the manner that it did?".

What kind of defects can cause product liability?
There are three primary types of product defects:

• Design Defect: A product has a design defect if the design (or blueprints) of the product is unsafe. For example, if a coffee cup is designed such that the bottom melts whenever there is a hot liquid in it, it has a design defect.
• Manufacturing Defect: A product has a manufacturing defect if the product's design is sound but the method of making the product is unsafe. For example, if a desk is mistakenly assembled at the factory without several screws as called for in the design, it has a manufacturing defect.
• Warning Defect: If a product does not have sufficient instructions or warnings about its use, and you are injured as a result, the product has a warning defect. For example, if you buy a lawn mower that doesn't have safety warnings about the blade, and the blade cuts you, then there is a warning defect.

Who can you sue for a defective product?
If a product does not work properly or causes harm to the user, then any of the following parties may be liable:

• the company that designed the product
• the company that manufactured the product
• the company that sold the product

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