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Product defects can be extremely dangerous, especially because they have the potential of harming or injuring large quantities of people. Any injury caused by a product defect should be brought to the attention of a product defect attorney right away so that the proper steps are taken to find the source of the defect and make sure it is corrected right away so that more people are do not become injured.
By definition, a “product” is any article or substance that is manufactured or refined for sale. This means that products can include food, clothing, medicine, cleaning supplies, toys, home appliances, and cosmetics, as well as the ingredients and components used to build each final product.
The laws in each state are different, but in general, there are four theories that drive most product liability cases: Negligence, Breach of Warranty, Misrepresentation and Strict Liability. Negligence, or the failure to exercise reasonable care, can occur in the production, design or assembly stage of the product, and therefore can make the manufacturer liable for any injuries that are caused by a faulty or defective product. Breach of warranty occurs when the seller fails to uphold a promise, claim or representation made of a product. Misrepresentation occurs in the advertising or promotion of product, often by highlighting the potential benefits of the product while drawing attention away from the hazards of use. Strict liability extends the responsibility of the vendor or manufacturer to anyone who might be injured by the defective product, regardless of fault.
Products defects can occur during any stage of production. During the design process, failure to detect a design flaw can cause a product to be inherently dangerous or defective. This means that even if the product is manufactured perfectly, the flaw in design will cause the product to be defective. Design defects can include a specific model of a car that has a tendency to flip or an appliance that has a tendency to explode. During the manufacturing process, failure to properly build a product can cause the product to become defective. Sometimes, this means that only a few of a batch of products exhibits a particular defective trait, other times it means that a whole batch of product is faulty. During the labeling and advertising process, failure to properly warn or instruct consumers of dangers in using the product can make a product defective. This often means that risks associated with using a product are not mentioned on product warnings or in the instructions.
Damages resulting from product defects can be as harmless as not obtaining the results you expected to extremely dangerous, causing serious injuries, illness, or wrongful death. And defective product cases can also be extremely difficult to win. Not only can it be difficult to prove where the defect occurred, but product regulations can also vary amongst states. Many times, the victim will be up against a large corporation with the resources, expertise, and motivation to fight the claim – even where fault is clear. These are just a few reasons it is important to seek legal representation if you’ve been injured because of a defective product.
At Cohen & Cohen, P.C., our experienced product defect lawyers have decades of experience representing victims of product defects against powerful corporate defendants, and we have the success stories to prove it. If you’re the victim of an injury resulting from a product defect in Washington, D.C., Maryland or Virginia, contact us for a free consultation on your case right away.