What if a defective product injures me? Do I have a claim or a cause of action?

In Ask Erin by Erin PolisanoLeave a Comment

Yes! There are many types of personal injury lawsuits, one common type is known as Products Liability. This type of lawsuit results from defective products. The product can be defective in its design, manufacturing and or how it is maintained. Defective products can cause serious injury to people and even death in some cases. For example, if you were involved in an automobile accident and your vehicle’s airbag fails to open upon impact and/or deflate after impact and you are injured, this would qualify as a clear products liability case. In a case such as this one you can sue the manufacturer of the vehicle, the manufacturer of the airbag, the dealership and so on and so forth.

The standard has changed from caveat emptor (“let the buyer beware”) to strict liability for manufacturing defects that make a product unreasonably dangerous. Strict liability, which means the person, only has to prove that the tort, meaning the injury occurred and does not have to prove fault. The liability is imposed so to speak. The duty to guard against negligence and supply a safe product applies to everyone in the chain of distribution, like I stated prior, including a manufacturer who carelessly makes a defective product, or a company that is using the product to make and manufacture another product and the vendor, who should exercise a higher duty of care in selling these products to consumers. These individuals owe a duty of care to anyone who is likely to be injured by such a product if it is defective.

To that end, in the event you or your family or friends are injured by a defective product keep in mind that you do in fact have a cause of action and have the recourse to recover your losses. It is the duty of all manufactures, designers, vendors and the like to make safe products that enter into the stream of commerce.

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