Defective Products & Lawsuits: A Guide

Product liability, lawsuits, damage caps, famous cases, and how to hire a product liability lawyer

3 types of defective products cases

Product liability law exists to protect consumers who are injured by faulty devices or poor warning labels.

Determining which type of defective products case applies depends on the manufacturer’s intent when the product was created. It is also important to examine supply chain management and where in the process things failed. (Was it the original producer? Did it get damaged in transit? Did the end user alter the final product to make it more dangerous?)

Which type of defective products case applies?

There are 3 main types of faulty product claims.

Design defects

If a product was designed poorly or was not adequately tested, this likely means that the product will be below standards and dangerous to use. This aspect of a product liability cases focuses on the manufacturer’s decisions when making the product. How did they plan it? Was there a defect in the design that made it unreasonably dangerous?

Even a perfectly made product can endanger the end-user if the defect was part of its design. A product is unreasonably dangerous if it does not perform as expected when used in its intended manner.

Some examples of design defects include the following:

• A car that can accelerate on its own
• A small toy that can be swallowed by a child
• A gun safety that still allows the gun to be fired

Liability exists where there is a foreseeable risk posed by the product when it was used for its intended purpose. Many states require the plaintiffs show that the risk could have been mitigated by adopting an alternative design that was economically feasible and in harmony with the product’s intended purpose.

For example, could the defendant still make a toy train without lead paint in a way that would not cost too much?

You’d need the estimated cost of non-lead paint and the estimated cost of lead paint, multiplied by the estimated number of little children with lead-related injuries. If the cost of non-lead paint is less than the cost of medical bills, then the non-lead paint option would be considered economically feasible.

As crass as it sounds, most product liability cases live and die around how much is “too much.” To answer this, courts discuss what’s known as the “cost-benefit analysis.” They estimate the additional cost of the safer design against the cost of the damage incurred if the modification isn’t made. This can also include costs like medical bills and lawsuits.

Some jurisdictions still use the “consumer expectations test,” in which the court asks whether the danger posed by the product goes beyond the consumer’s ordinary expectations. However, since that is a very subjective standard, most jurisdictions have left it behind.

Failure to warn

Also called “marketing defects,” this form of negligence focuses on actions in the supply chain. The product was properly designed, but it did not have the correct instructions or warnings. This lack of guidance made the product unreasonably dangerous to its intended consumers.

Some examples of failure to warn include the following:

• A medication that causes vomiting if not taken with a glass of water
• A child’s chair meant to clamp onto a table that falls if not installed correctly
• A saw that causes injury if a person’s hand is in the incorrect place

A manufacturer has 2 related duties when creating instructions: 1) they have to warn users of hidden dangers that might be present in the product, and 2) they must instruct users how to use that product safely.

Manufacturing defects

Even if the product were designed to be safe, perhaps the end result did not reflect that design. If that product then causes an injury to its intended user, the manufacturer can be held liable.

Some examples of manufacturing defects include the following:

• Tread lines on tires not gripping the road correctly
• A faulty lock on a car door
• A safety buckle on a car seat that doesn’t lock in place

Unlike a design defect, the manufacturer did not plan for a defect in this case. Damages in this case will be determined by strict liability, which means the manufacturer is responsible for any injuries despite the level of care they took in making the products.

If a plaintiff can prove that a defect caused their injuries and also provide proof that eliminates other possible causes, then the plaintiff can prove causation – even if the original product is damaged or lost. This is called the “malfunction doctrine.”

Famous product liability cases

What to look for in a defective products attorney

After you’ve been injured by a faulty product, choosing a product liability attorney is the most important decision you will have to make. Do careful research before selecting a product liability attorney. This is a highly concentrated field, and each product defect is a specialty in and of itself.

Believe it or not, some attorneys specialize in things like foodborne illness or children’s toy malfunctions.

If your daughter’s Easy Bake Oven™ set the house on fire because of a wiring malfunction, you don’t want to pick an attorney who specializes in tuna and mackerel. Most law firms will have a roster of attorneys to whom they can send you for a consult if it’s not their area of expertise.

Make sure to look for a defective product attorney who knows product liability law, makes you feel at ease, who puts your needs first and who devotes the necessary time to your case. Read lots of reviews and ask people who have used product liability attorneys before.

Also, keep in mind that it makes a big difference if your selected attorney normally works with manufacturers or plaintiffs. While a product liability attorney who typically defends companies might be able to anticipate the other side’s actions, this also could be a detriment because they are used to playing for the other team.

Here are some questions to ask before picking a lawyer:

• Speak with the partners and the associates, as well as the supporting legal team. You will not always be working with the same person, so make sure that you are comfortable with everyone in the office.
• Don’t be dazzled by awards. While recognitions and awards can be one indicator of an attorney’s expertise, don’t forget to judge a firm by their experience and settlements rather than their placards alone.
• Find out if the firm regularly goes to trial and what their success rate is. Most importantly: what is their settlement success rate? Remember that 95% of personal injury cases do not go to a jury.
• Do these attorneys have any disciplinary or ethics charges? If so, walk away.
• Check client reviews online and see what others think.

Picking an attorney is the hardest part. When you finally sit down with him or her, you’ll want to have everything ready: hospital bills, medical reports, receipts from the manufacturer, the product in question, and anything else related to your case.

If you need someone to help you, consider some of the resources below and explore the Enjuris directory of attorneys to find one who is well practiced in this area.

Resources to help you hire the best defective products/product liability lawyer