Regardless of the product, injuries can happen when someone uses it improperly. However, if a person uses an item correctly and experiences harm because it was defective, the manufacturer or another responsible party could be liable. Such cases are known as product liability, and fall under the realm of personal injury law. If you or a loved one experiences an injury while using a product, here’s what you should know.

When Is a Product Defective?

For a product to be defective, it must have a significant issue with its design, manufacturing, or marketing that causes a personal injury. For example, a design flaw could be a cookware item that is prone to catching fire, or a children’s toy which has small pieces that present choking hazards. A manufacturer defect occurs when there is an issue with the production of the item, such as incorrect wiring of an electronic item that causes electrocution.

Marketing flaws happen when the advertising for something is misleading or doesn’t indicate potential hazards. For instance, if a prescription medication doesn’t list the possible side effects, this could be a marketing defect.

What Are the Criteria for a Product Liability Case?

In addition to the product being somehow defective, there may also need to be fault for a case to be viable. This means that the injured party must prove that there was negligence on the part of a manufacturer, supplier, producer, distributor, or retailer. For instance, the manufacturer might have known that a product didn’t meet specifications, but shipped the faulty batch out anyway.

There could also be a breach of warranty, in which case the seller doesn’t deliver on the promises that the made. For example, if they guarantee a set of tires will last a certain number of miles, and the rubber wears out before that period, the seller might be liable for a resulting accident.

In certain cases, only strict liability must be present. This means that the plaintiff only needs to prove that the product was defective and led to injury. For example, if airbags don’t deploy in a car, this would likely be grounds for a product liability case.

If you or a loved one experiences an injury due to a defective product, contact Armentrout Accident & Injury Law for guidance with your personal injury case. They have been providing dedicated and detail-oriented counsel to clients throughout Harrisonburg, VA, and the Shenandoah Valley for more than 30 years. Visit them online for more information about their practice areas. Call (540) 564-1466 to schedule a consultation.