Products Liability refers to the negligent manufacturing or design of everyday products, ranging from medications to automobiles to food. When a product is defectively designed it enters the stream of commerce in its intended condition, but because of the design flaw, the product does not act or operate in a safe way. An example of this might be a poorly designed airbag which deploys too fast and causes additional injury.
Products can also be manufactured defectively, meaning that the product is designed properly, but due to a mistake in the manufacturing process, the product enters the stream of commerce in a dangerous and defective condition. An example of this might be a faulty breaking mechanism on a car (i.e. see recent Toyota recalls).
Regardless of the nature of your claim, products liability cases are complex matters which require the knowledge of an experienced attorney. The design and manufacturing of a product is heavily regulated, meaning that companies frequently engage in several, if not hundreds, of field and safety tests to ensure compliance with all applicable regulations and safety statutes. When evaluating a possible lawsuit based on a defective product, what must be evaluated is whether the product was "unreasonably dangerous for its intended purpose." It is not enough to prove that a product is just inherently dangerous (i.e. gas grill), but that the use of the product in the manner prescribed by the designer, manufacturer or wholesaler, was unreasonably dangerous.
If you or someone you know believes that they have been the victim of a dangerous or defective product, call Law Offices of Heidi A. Gifford today at (518) 725-0655.