When you eat a manufactured food product, use a toy, or operate an automobile, the last thing you are likely to be concerned about is whether or not the product is safe. Unfortunately, however, unsafe products and defective medical devices are more common than most people realize and can be the cause severe injuries. If you’ve been injured by defective medical devices or a dangerous prodcut, then you already know how significant the financial and physical losses can be. Our experienced team of product liability attorneys are here to help. Victims like you may be entitled to compensation for their losses from the responsible parties.
Product Liability Involving Defective Medical Devices And Dangerous Products
Whether due to a manufacturing error, a design flaw, contamination, or any other cause, there’s virtually no limit to the types of products that could suffer from a dangerous defect. Here are some of the more common examples that we’ve seen when handling defective product lawsuits:
- Prescription medications
- Food products
- Medical devices
- Safety equipment
- Any other products used in everyday life
In reality, however, there are too many defective medical devices and faulty products to list in full. Virtually any type of manufactured product is potentially defective and therefore potentially dangerous.
Determining Product Liability for a Defect in Manufacturing
When a product is defective because of an error when it was made—such as a problem at the factory where it was manufactured—product liability may exist under a theory of defective manufacturing. In other words, the injury was caused by a product that was somehow different from other products.
Examples of manufacturing defects include:
- A motorcycle that is missing brake pads
- A swing set that has a cracked chain
- A batch of cold medicine that contains a poisonous substance
To win this type of claim, you must show that your injury was actually caused by the manufacturing defect.
Liability for a Defect in Design
When the design of a product is inherently dangerous or defective, this is another type of product liability claim. A product with a design defect is not harmful because of an error during the manufacturing process. Instead, the product was made according to its specifications; however, the design of that product is inherently dangerous.
Examples of design defects include the following:
- Electric blankets that cause shocks to users when they are turned on
- A model of car that is likely to flip over when it rounds a corner
- A toy that has a tendency to catch and injure a child’s finger even when used properly
To successfully pursue this type of claim, you must show that your injury was actually caused by the defective design and not some other cause.
Liability for Failing to Provide Adequate Warnings or Instructions
In addition to liability for defects in the design or manufacture of products, another type of product liability claim involves the failure to provide adequate warnings or instructions about the proper use of a product. Typically, the product is dangerous in a way that is not readily apparent to the user. The product may also require the user to exercise special precautions when using it. If the maker of this product does not adequately warn consumers about these risks or instructions, liability may exist. For example, the manufacturer of a corrosive paint-removing chemical has an obligation to include adequate safety instructions with the product whenever it is sold. Failing to do so may lead to liability.
Call Us for Help With These Complicated Cases
Determining who is responsible for your injuries and under what theory to pursue your case requires the guidance of a knowledgeable legal professional. We’re located in Kansas City, and with offices in Overland Park, Lee’s Summit, and Parkville, we’re proud to serve all of Missouri and Kansas. It is important that you act quickly in order to avoid missing the deadline for pursing a claim. We encourage you to contact us today for a consultation at (888) 348-2616.