Defective Products

Akron Defective Product Lawyers

Were You or Your Loved One Injured by a Defective Product?

When you purchase something using your hard-earned money, you expect it not only to work correctly but also be safe to use. While the products people buy are generally safe to use and come with detailed instructions and warning labels, there are those products that fail. In some cases, these dangerous products can cause consumers a lot of harm.

Although almost every defective product can be dangerous, the risk increases when its purpose is to move you around (cars, bicycles, etc.), help you feel better (drugs and medical devices) or entertain and educate your children (toys). When these products fail, they can lead to serious injuries or even fatalities.

If you or a loved one has suffered harm due to a defective product, you have the right to seek compensation for your injuries, medical expenses and other damages. Our team of Akron personal injury attorneys is here to help.

Examples of Dangerous Defective Products

While almost every product can be dangerous if it’s defective or you misuse it, there are some products that are more dangerous than others and even potentially life-threatening.

Examples of such defective products include:

• Airbags: Some defective airbags have been known to explode upon deployment, sending metal fragments flying and causing severe injuries or fatalities to vehicle occupants.
• Children’s Toys with Choking Hazards: Toys with small parts that can be detached and swallowed by children pose a significant choking hazard, potentially leading to serious injuries or even death.
• Defective Medical Devices: Faulty medical devices, such as defective pacemakers or hip implants, can lead to life-threatening complications or the need for corrective revision surgeries.
• Contaminated Food Products: Consuming contaminated food products can result in foodborne illnesses, causing severe health issues and, in extreme cases, fatalities.
• Pharmaceuticals with Undisclosed Side Effects: Medications that have undisclosed or underreported side effects can lead to unexpected health complications, impacting patients’ well-being.
• Malfunctioning Power Tools: Tools with design or manufacturing defects can lead to serious injuries, such as amputations or lacerations.
• Vehicles with Defective Components: Defective vehicle parts, such as brakes or steering systems, can result in accidents with severe injuries or fatalities.
• Structurally Unsound Furniture: Poorly constructed furniture can collapse or tip over, causing injuries or even death, especially for children.

Understanding the Causes of Defective Products

The defect that caused your injury may have been inherent, meaning there was a flaw in the design of the product. It may have also developed when the product was assembled, packaged or marketed for purchase.

The three primary categories of product defects are:

Design Defects: Inherent design flaws can render a product unsafe for its intended use. These defects arise during the product’s initial design phase, making all items of that design inherently dangerous. Even if the product is manufactured perfectly, the design flaw can lead to accidents and injuries.

Manufacturing Defects: A manufacturing defect occurs during the production process when a product deviates from its intended design due to errors, substandard materials or faulty workmanship. These defects may affect a limited number of products within a batch or production run. Products that are otherwise safe in design can become dangerous due to errors during manufacturing.

Marketing Defects (Failure to Warn): Sometimes referred to as a “failure to warn,” this type of defect involves inadequate instructions or warnings about potential risks associated with using the product. Manufacturers have a duty to provide clear and accurate warnings and instructions to users about potential dangers and proper usage. Failure to do so can result in injuries when consumers are unaware of the risks they’re exposed to.

What Role Does Strict Liability Play in My Defective Product Case?

While most personal injury claims require proving the defendant was negligent in some way and the negligence led to the plaintiff’s accident and subsequent injuries, the concept of negligence doesn’t apply to defective product claims. Instead, the law that commonly applies to defective product cases is known as “strict liability.” Under this doctrine, the focus shifts from proving negligence to establishing whether the product itself was defective and caused harm to the plaintiff.

In other words, it doesn’t matter if there was negligence involved in designing, manufacturing or marketing the product. You’ll likely have a valid claim as long as you can prove:

• The product was defective
• The defect was the direct cause of your injuries
• The product was in essentially the same condition when you used it as when it left the control of the defendant

While strict liability simplifies the burden of proof for plaintiffs in defective product cases, not all product-related injuries automatically qualify for strict liability.

Various factors, including the nature of the product, its intended use and the circumstances of the injury, play a role in determining whether strict liability applies.

If you’ve been injured due to a defective product, seeking the guidance of a skilled personal injury attorney experienced in defective product cases can be of great help. Your attorney can carefully examine your claim, establish who’s liable for the defect, gather appropriate evidence and make a solid case for compensation for your injuries and damages on your behalf.