In today’s consumer-driven world, we rely on products daily, from the simplest household items to advanced technology and vehicles. While most products perform safely, defects can occur, leading to injuries. Understanding product liability is crucial for consumers to protect their rights and seek appropriate legal remedies when necessary.
What is Product Liability?
Product liability holds a manufacturer or seller legally responsible when they place a defective product into a consumer’s hands. This area of law safeguards consumers from products that might cause harm due to defects in design, manufacturing, or marketing.
Types of Product Defects
- Design Defects: These occur when a product is inherently unsafe due to its design. Even if manufactured correctly, the product’s design poses a risk. An example might be a car model with a high tendency to roll over during sharp turns.
- Manufacturing Defects: These defects occur during the construction or production process. A well-designed product can still be dangerous if it is poorly made. For instance, a batch of medications may be tainted during production, leading to severe health risks.
- Marketing Defects: Also known as failure to warn, these defects involve inadequate instructions or warnings about the product’s proper use. A classic example is a medication that does not include sufficient warnings about potential side effects.
Legal Responsibilities of Manufacturers and Sellers
Manufacturers and sellers must ensure their products are safe for consumer use. This responsibility extends from the product’s design stage through to sale and often includes post-sale obligations, such as recalls if new risks are identified. They must provide clear instructions and warnings to prevent misuse and potential harm.
Notable Product Liability Cases
1. McDonald’s: Coffee
Sheila Liebeck suffered third-degree burns after spilling McDonald’s coffee in her lap and was hospitalized for eight days, requiring long-term medical treatment. She initially sought to settle for US$20,000 to cover her costs, but McDonald’s offered only US$800, leading to a trial. Liebeck’s team proved McDonald’s served coffee at dangerously high temperatures of 180°F to 190°F. In 1994, she was awarded US$2.86 million in punitive damages and US$160,000 for medical expenses. McDonald’s had been aware of the risks for over a decade, making this case, known as the Hot Coffee Case, a landmark in product liability history. Eventually, the settlement amount was confidentially agreed upon after the judge reduced the final payout.
2. Owen’s Corning: Asbestos Materials
In 1998, Owen’s Corning agreed to a US$1.2 billion payout in response to over 176,000 claims of disease and death caused by asbestos in their building materials. They subsequently set aside US$2.6 billion for future claims. Asbestos, a naturally occurring silicate used to fireproof and strengthen materials, is known to cause severe diseases such as mesothelioma and lung cancer through prolonged inhalation. Many countries, including South Africa, have now banned asbestos.
3. Blitz: Gas Cans
Blitz, once the largest U.S. manufacturer of portable plastic gas cans, went bankrupt after numerous product liability lawsuits due to exploding cans. Customers claimed that the cans exploded when petrol was poured, leading to fires, burns, and deaths. In 2012 alone, they filed over 30 cases, with each claim costing approximately US$4 million. Legal representatives argued Blitz and Wal-Mart knowingly sold a defective product and failed to add a flame arrester, a safety device that could have prevented these tragedies.
4. Remington: Rifles
A defective fire-control system on a Remington rifle caused it to fire without the trigger being pulled, leading to a serious foot injury for a Texan hunter. The malfunction happened when the safety latch was released, which could occur if the rifle was bumped or jarred. As a result, the hunter received a US$15 million payout.
5. Toyota: Cars
Toyota has taken a significant step by agreeing to pay US$1.1 billion to settle a class-action lawsuit related to the recall of millions of its vehicles in 2010. This recall was prompted by a series of accidents and tragic fatalities linked to a “sticky” accelerator pedal, highlighting serious safety concerns.
Filing a Product Liability Claim
If a defective product has injured you, the process of filing a claim typically involves:
- Documenting the Defect and Injury: Gather evidence of the defect and the resulting injury. Photographs, medical records, and the product itself can be crucial.
- Consulting Legal Expertise: Engage with a personal injury lawyer specializing in product liability to assess your case and guide you through the legal process.
- Filing the Claim: Your lawyer will help file a claim against the manufacturer or seller, potentially leading to a settlement or court judgment compensating you for your injuries.
Tips for Consumers to Protect Themselves
- Stay Informed: Keep abreast of product recalls and safety alerts. Websites like the Consumer Product Safety Commission (CPSC) provide valuable information.
- Register Your Products: Whenever possible, register your products with the manufacturer to receive updates on recalls or safety information.
- Read Instructions and Warnings: Review the included materials with products thoroughly to understand safe usage and potential risks.
Understanding product liability empowers you to make safer choices and act decisively if you encounter a defective product. Legal representation plays a vital role in protecting your rights and ensuring you receive the compensation you deserve for any injuries sustained. Remember, your safety matters, and you deserve to be confident in the products you use every day.
How Ganim Injury Lawyers Can Help You
At Ganim Injury Lawyers, we understand the profound impact that a defective product can have on your life. Our empathetic and dedicated team is here to provide you with the compassionate, expert legal support you need. With years of experience in handling product liability cases, we are committed to advocating for your rights and securing the compensation you deserve. We meticulously investigate each case, leveraging our extensive knowledge and resources to build a robust claim on your behalf. Contact us today for a consultation and take the first step towards reclaiming your peace of mind.