Dangerous and Defective Products
Most people think of products liability cases as huge, time-consuming and costly. While this is often the case in certain product liability cases, like medical devices, pharmaceutical, and automotive design, and car crashworthiness cases, there are some cases in which smaller firms such as Nunes Law can provide personal service not usually available from large law firms.
In some instances, dangerous product cases arise out of ordinary everyday products that fail to perform as safely as a reasonable person expects from the product. Some examples include a bathroom cleaner with inadequate warnings, a blender with broken metal blades, a recreational vehicle with inadequate or low handrails, a hot beverage container with a lid that separated scalding the injured party, a pallet jack with failing weld causing injury when the pallet fell, a cold pack with inadequate warnings to prevent more injury, an exploding battery in a laptop computer that burned the user, a car jack failing and crushing the person underneath the car or even a plastic chair that buckled under the weight of the seated person causing him injury.
Unlike motor vehicles and other collision cases, dangerous products are strict liability cases. This liability can start with the product manufacturer and continue in the “chain of commerce” to the retail seller. With strict liability, the carefulness of the designer, manufacturer or even seller does not always have to be proven at trial. While there are exceptions to this rule, simply the fact that a party designed, made, or sold a dangerous product that caused the injury may be enough to prevail on a case. In some cases, responsibility, or liability may come from the proof that the product had a “defect” causing injury to the user or ever a bystander.
Of course, manufacturers or others who act carelessly or fail to act with care may also be responsible for people injured by a dangerous product. It is important to contact an attorney immediately to discuss the facts of the case. The attorney can investigate the facts, see if this is a widespread problem, and even reach out to the responsible parties to resolve the matter without litigation.