A product may work well except for a single defect in design that may ultimately lead to catastrophic injuries and even deaths. As of this writing, some recent examples would include an endoscope that generally did its job well but which could not be cleaned properly. Though no cases we know of have been settled at this time, it appears this defect caused catastrophic illness and death worldwide. Worse, initial news reports indicate the company knew of the risks.
A manufacturing defect involves a product that may be properly designed but is then built with a defect that renders it unsafe and causes injury. The defect may occur in a single product or in many. It may not matter that the company has properly designed the product, used appropriate materials and assembly or preparation procedures. If the product was used for an intended or foreseeable purpose and then injures someone, the company may be liable for the harm the product causes.
Failure To Warn
If a product’s dangerous potential is not apparent to a consumer, we consider it defective. A manufacturer may be liable if the warnings or instructions were insufficient to keep reasonable consumers safe from harm. If they failed completely to warn of a known and obvious risk they may very likely be found liable for any injuries that result.
When a product is used for its intended purpose or any foreseeable purpose and some defect harms consumers, the manufacturer should be held liable. A defective product lawsuit is the most effective way to ensure a company shoulders their responsibility for any harm they cause. Moreover, it gives the manufacturer reason to put safety before profit first.
If you feel you or a loved one has been injured by a defective product, please call or email the attorneys at Peterson Baker. Nearly all of our cases are done on a contingent fee basis so you pay nothing unless you’re case is successfully resolved.