Some products may contain an inherent danger; for example, products that require sharp and/or moving parts to serve their purpose, such as construction tools and even some kitchen appliances. However, certain measures can be taken to mitigate these dangers as much as possible. If reasonable measures are not taken to mitigate the inherent dangers of a product, it could be considered defective. On the other hand, if a product can reasonably be...
Commonly defective products can include kitchen appliances, children’s toys, pharmaceuticals, car parts, and more. Manufacturers in each of these and other industries have a legal obligation to provide a reasonably safe product that can serve its intended purpose; if a manufacturer fails to do so resulting in a dangerous or defective product, the injured victim may be eligible to seek compensation via court in a civil product liability claim....
When an injury occurs due to a potentially defective or dangerous product, it may be possible to file a product liability claim. A product liability claim or lawsuit is a way to hold the designer or manufacturer of a product accountable while seeking compensation for costly damages such as medical bills, lost wages, and more.
However, product liability cases are notoriously hard to litigate. It generally takes a product liability expert to access...
Many products include disclaimers detailing the intended purpose of and risks presented by the item; disclaimers are often included with products with the intention to waive liability for the manufacturer if someone is injured. They often warn the consumer that they do not intend to be held responsible if the product causes an injury.
However, except in the cases of written contractual disclaimers, even if a disclaimer is included with a product,...
The marijuana industry has experienced enormous growth over the past several years as the substance has achieved varying levels of legalization across the country. And as with any budding new industry, there will be obstacles - and some of those obstacles are taking the form of defective marijuana products. So far, only a small number of claims have been made against the producers, manufacturers and sellers of such products, but this number is...
Who is responsible for a defective product injury? Is it the manufacturer of the product? What about the store who sold it to you? Depending on the case, it could be either, or both. It all depends on who made the error that ultimately led to the injury. Until recently, Amazon (arguably the world’s largest retailer) was shielded from liability in these cases. However, a recent federal court decision has set a new precedent: consumers can now...
When we put our hard-earned money into purchasing or renting a product, we are putting our trust in the integrity of claims made by the businesses and companies that provide them. Most of the time, the exchange is good for both sides and we can go along our merry ways. Unfortunately, no one is perfect, though, and sometimes people are careless or even straight up crooked. False claims are made or proper testing is simply skirted, and consumers...