In most cases, a consumer hurt by a defective product can file a lawsuit for compensation related to their injuries.
A product liability lawsuit seeks to establish that the product that caused the injury was defective, and the defect made the product unreasonably dangerous.
A product is considered defective if it doesn’t work as expected and exposes its user to an unexpected danger.
As long as the product is used in its intended fashion, and it still results in harm to the user, the product may be considered defective.
Some products are dangerous by design, such as knives, explosives, chemicals, chainsaws, etc.
A product liability lawsuit involving an inherently dangerous product would have to establish there was insufficient warning of its dangerous nature.
If a product is inherently unsafe, the user is still responsible for using it in a reasonable way. If a customer used a product as intended, and it malfunctioned anyway, the customer will likely be able to file a lawsuit for any injuries he or she suffered.
If you burn your hand on a stove, you probably don’t have a case because it’s expected that a stove will be hot. Also, putting your hand on the stove is an unreasonable use of the product. But, if the stove was advertised as “cool touch,” and you got burned anyway, you may have a case that the stove was defective.
Product Liability Case Types
Defective and dangerous products come in all shapes and sizes. (Before delving into your specific case type, review the product liability basics.) Almost any product has the potential to cause harm. Below, we cover the most common types of products that cause injuries in the United States. These cases include:
For parents, here are some toy safety resources.
In today’s world of packaged food and daily restaurant meals, food contamination and poisoning is a particularly common problem. Every day, hundreds of people contract harmful illnesses and are injured by foreign objects in their food. We’ve put together a good overview of food contamination and poisoning claims here.
You can also read specific articles on foreign objects in store-bought food, and what to do if you’re the victim of a restaurant food injury. Of course, you should always seek immediate medical treatment. After your condition has stabilized, then you can pursue compensation.
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Visitor Questions on Product Liability
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During my shopping trip there was a storm and the shopping cart carousel/rack was blown into my car and totaled it. The store took over a week to get back to me about it and even sent their adjuster out, just to finally tell me they are not responsible, but the company who installed the... Read More.
I have a 2001 Altima that has curved sharp doors at the top & bottom. This is my second time being injured by the door. My last injury just happened again a few weeks ago & ripped about a 4″ layer of skin back. I ended up with IV’s & antibiotics…it was a deep serious... Read More.
During a routine wisdom tooth extraction a piece of burr broke off the oral surgeon’s tool and became imbedded in the patient’s jaw. It went undetected for some time, but then the patient started complaining of pain. The oral surgeon failed to x-ray the cavity and left the metal in for months, causing a severe... Read More.
I am a Propane Delivery Driver. I received a shoulder injury when the Electronic winding function, which returns the hose to the reel, malfunctioned. This same malfunction happened twice previously and was repaired. In each incident, I was forced to return the hose manually. However, the third time it malfunctioned, as I was returning the... Read More.
The top part of my finger was cut off due to an electric ice shaving machine incident. While making shaved ice, the snow backed up into the product and I tried to use my finger to get it loose, which I had done many times when the machine was off. I never felt anything sharp... Read More.
I broke my finger in a national chain department store. It happened when an associate turned on a piece of equipment for me to see if it worked. The store says they are not responsible, and that the manufacturer of the product is. This happened in Richmond, VA. Is the department store responsible because the... Read More.
I am a US citizen who purchased a Cuisinart Pan in California. I now live in Taiwan, where while using the above mentioned pan a rivet that secures the handle exploded. It severed my FDS tendon and medial nerve in my left hand. Do I have any legal recourse with the company? I have found... Read More.
I hired an attorney for a personal injury case. I was put in a mass tort and the company (defendant) wanted to settle, which my attorneys agreed to. Shouldn’t I as a plaintiff in this case have a right to view the settlement agreement before I agree to settle for any amount of this mass... Read More.
I purchased a package of round bones, packaged and labeled “bones for dogs” on the grocers own label. He ate the center out of it like normal. After the fact it got caught on his lower jaw and we had to take him to the vet to have it cut off. My question: Is the... Read More.
I bought a set of drinking glasses from a major chain retail store. When I took them home I decided to hand-wash them since they had smudges on them. One of the glasses had a chip I didn’t see, and it cut my hand. When I returned it to the store no one even mentioned... Read More.
Okay, so I just upgraded to the new iPhone 4S and Friday night I plugged it in to charge. When I unplugged the charger from the wall it hit my leg and burned it to the point of blisters. I know it’s normal for the charger to be warm but it actually burned me. I... Read More.
I was slicing apples with an apple slicer I bought from a national chain retail store. It was a pretty sturdy item (or so I thought), and I actually got a little bit more expensive model just because it looked a little stronger. Unfortunately, last week I was pushing it down on an apple to... Read More.
I was injured when I opened up a so-called “easy open” can of fruit. The pop top broke and I had to use a can opener to get the can open enough to get the fruit out. I cut my finger on a sharp jagged edge and four stitches were necessary to close the cut.... Read More.
After opening a “pop-top” can of olives and reaching into it to get a few olives for dinner I cut my middle finger’s knuckle nearly to the bone. There was a one inch area on the inside of the can that was jagged and sharp as a razor (barely noticeable). I had my iPhone set... Read More.
I was injured after using an engine stand that I own. I went to rotate the engine when the end of my middle finger on my non-dominant hand was severed between the bar used to rotate the engine and the bracket that holds the shelf. I had to have the rest of the distal portion... Read More.