Firm-Wide blog

What is Product Liability?

By Burg Simpson
March 28, 2022
5 min read
computer graphic with the word compensation

When consumers are harmed by dangerous and defective products, it is known as “product liability.” If you have been harmed by a product that malfunctioned or was unsafe, it’s important to seek justice as soon as possible. Legal action should be filed quickly when a product fails to perform and causes an injury, illness, or loss of life. Filing a product liability claim is an effective way for consumers to hold responsible parties accountable for the harm their products cause.

Product Liability Claims are on the Rise

Over the last few years, product liability cases have partly increased because more products than ever are now being produced overseas. This is not to say that products manufactured in the U.S. have not had their share of defects, but that other countries are not required to abide by the same rigorous manufacturing controls and restrictions mandated by U.S. regulatory agencies. When these overseas products are imported to the U.S. without proper review, they may have design flaws or function improperly, causing potential harm.

Common Types of Defective Products

Although most products are thoroughly tested and evaluated before being released to the market, some products still malfunction after being purchased by consumers. The six most common types of product liability claims include:

  1. Auto Parts
  2. Medical Devices
  3. Lawn and Garden Equipment
  4. Children’s Toys
  5. Home Improvement Tools
  6. Medications

If one of your products in these categories causes you injury due to malfunction or defective design, contact a product liability attorney right away.

Who is Responsible for Defective Products?

Depending on the details of your product liability matter, the product’s designers, manufacturers, suppliers, distributors, or retailers could be held liable for the injuries caused by their defective products. Sometimes multiple parties involved in the production of the dangerous or faulty product hold responsibility at the same time. An experienced product liability lawyer will be able to help review your case and determine which parties are most likely responsible for your injury.

Types of Injurious Defects

Defects that cause injuries to consumers generally fall into three categories:

  1. Design defects: These defects arise when a manufacturer designs a product that makes it inherently dangerous. Design defect claims are independent of the manufacturing process. Cars, recreational equipment, consumer products, pharmaceuticals, and heavy equipment are a few of the products that reach the marketplace with flawed designs. Design defects often lead to a safety recall by the manufacturer or regulators.
  2. Manufacturing defects: These kinds of product flaws are a result of the manufacturing process. Manufacturing defects typically affect just a few of the company’s products. For example, a food processing plant that fails to clean or maintain its equipment correctly can be held liable for contaminating its food products with harmful bacteria.
  3. Failure-to-warn defects: Manufacturers and sellers can also be held liable when they fail to warn buyers or consumers that their products can be inherently dangerous. Consumers are used to seeing product warnings on vehicles, recreational equipment, baby products, children’s toys, pharmaceuticals, and other products that potentially pose dangers that can lead to severe injury or death.

The United States Consumer Product Safety Commission

The United States Consumer Product Safety Commission (CPSE) was established to promote the safety of consumer products by addressing “unreasonable risks” of injury. This organization is responsible for developing uniform safety standards and conducting research into product-related illness and injury. The CPSC evaluates consumer products, and issues recalls when certain products become the subject of consumer complaints or industry reports.

Although the United States Consumer Product Safety Commission is tasked with reviewing and evaluating consumer products and issuing recalls when a product is deemed unsafe, some products still bypass the scrutiny of this organization and are released into the marketplace.

Consumers Should Report Dangerous Products

When consumers report dangerous products, they are not only identifying the harmful product but also warning others about the potential dangers. If a hazardous product injures you, begin by seeking immediate medical attention, then call us at Burg Simpson. If you become aware of a dangerous product, seek to protect others from harm, and contact us at Burg Simpson.

If You Have Been Injured By a Defective Product

If you sustained a severe injury from the use of a defective product, you might be entitled to compensation for the following:

  • Lost wages
  • Medical expenses
  • Future medical costs
  • Financial loss if you lost your capacity to earn an income
  • Pain and suffering

If you have been injured by a dangerous product, call Burg Simpson for help now.

Contact a Product Liability Lawyer at Burg Simpson for Help Now

Over the past four decades, Burg Simpson’s team of product liability attorneys has helped victims who suffered from injuries due to dangerous products. These products have included defective household and consumer goods, industrial equipment, and medical devices. Some of the most unfortunate defective product cases have been those related to dangerous medical devices that were implanted into hopeful and trusting patients during complex surgical procedures.

For more than 40 years, the award-winning product liability lawyers at Burg Simpson have helped clients across the country file claims against the designers, suppliers, and manufacturers of dangerous products.

The attorneys at Burg Simpson are well-versed in a broad range of personal injury matters, including product liability claims. If you or your loved one have been harmed by a dangerous or defective product, Burg Simpson’s product liability lawyers are here to help you.

If you have suffered from a severe bodily injury or a loved one has lost their life due to the malfunctioning of a dangerous product, call the lawyers at Burg Simpson for help now. Our team will begin by conducting a thorough investigation into the specific of your case. The product liability lawyers at Burg Simpson help injured clients obtain justice and the compensation they deserve.

Call Burg Simpson for Help Now at 888 895 2080

Free case evaluation form