Product liability refers to a manufacturer or a seller being held liable for essentially placing a defective product into the hands of a consumer. For a product liability claim to arise, the law requires that a product must meet the ordinary expectations of the consumer. What a product does not meet this requirement and has an unintended danger or defect, the product cannot be said to meet the ordinary expectations of the consumer. It must be proved that the product that caused the injury was defective, and that the defect made the product unreasonably dangerous.
There are a few types of defects that might cause injury and give rise to a liability suit: Marketing defects, or flaws in the way a product was marketed or labeled, design defects that present in a product from the beginning of the design that show something is inherently unsafe, and manufacturing defects which occur during a product’s manufacture and assembly. Examples of these are tire failure, seatbelt failure, defective airbags, medical devices, surgical implants, electronics, auto parts, or a failure to warn. If you believe that you have experienced a defect product, please contact Mr. Bergin’s office today.