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Each year, thousands of people suffer serious injuries or die because of defective products. Oftentimes, these victims are children.
Many serious injuries occur at work on defective, unsafe or unguarded machinery or equipment. Injured workers may have a third party liability claim for their injuries and losses against the manufacturer, distributor or seller of defective, unsafe machinery and equipment.
Millions of toys, playpens, cribs, infant carriers, car seats, romper sets, strollers, and even teddy bears have been recalled after causing injuries and even fatalities. More and more prescription drugs are being recalled because they have caused serious injuries and death. When a person is injured by a dangerous or defective product, he or she may have a product liability action against the seller or manufacturer of the product.
Although you may have a claim because you actually bought the product and were injured, you may also have a claim if you were an innocent bystander and were injured, or if you borrowed the product from a friend, used it, and were injured. A products liability claim can be brought against the manufacturer of the product as well as the supplier, distributor or retailer of the product.
Manufacturers and sellers of dangerous machines, equipment and goods can be sued for negligence under various circumstances, including:
• Failure to inspect or test the product before placing it on the market
• Creating a flaw in the product
• Failing to discover a design flaw in a product
• Failure to discover that the product could be dangerous
• Failure to warn or adequately warn of a risk or hazard associated with the product
• Breach of warranty
• Failure to guard against injury or unsafe use
• Failure to install safety cut-off or emergency stops
The seller and manufacturer can also be sued for strict product liability. Here, proof of negligence is not necessary. So long as it can be shown that the product was defective and unreasonably dangerous, you may be able to recover.