Defective Product Accidents

Defective products can cause a wide range of injuries, including:

• Burns: Defective products that heat up too quickly or that can’t be turned off can cause burns.
• Electrical shocks: Defective products that have exposed wires or that are not properly grounded can cause electrical shocks.
• Falls: Defective products that are unstable or that break can cause falls.
• Injuries from chemicals: Defective products that contain harmful chemicals can cause injuries if they are ingested, inhaled, or come into contact with the skin.
• Injuries from explosions: Defective products that explode can cause serious injuries, including burns, lacerations, and even death.

If you are injured by a defective product, you may be able to file a lawsuit against the manufacturer, distributor, or retailer of the product. To be successful in your lawsuit, you will need to prove that the product was defective and that the defect caused your injuries.

There are many examples of defective product cases. Here are a few examples:

• In 1997, Johnson & Johnson was found liable for $2.2 billion in damages after a jury found that its baby powder caused ovarian cancer. The jury found that Johnson & Johnson knew that its baby powder contained asbestos, a known carcinogen, but failed to warn consumers.
• In 2002, Ford Motor Company was found liable for $105 million in damages after a jury found that its Explorer SUV was defectively designed. The jury found that the Explorer’s design made it prone to rollovers, which caused the deaths of several people.
• In 2009, Merck & Co. was found liable for $4.8 billion in damages after a jury found that its Vioxx pain medication caused heart attacks and strokes. The jury found that Merck knew that Vioxx was dangerous, but failed to warn consumers.

These are just a few examples of defective product cases. If you are injured by a defective product, you may be able to file a lawsuit against the manufacturer, distributor, or retailer of the product.

Product liability is a legal theory that allows consumers to sue manufacturers, distributors, or retailers for injuries caused by defective products.

There are 3 types of product liability:

• Manufacturing defects: A manufacturing defect occurs when a product is not made according to the manufacturer’s specifications. This can happen due to human error, faulty equipment, or poor quality control.
• Design defects: A design defect occurs when a product is inherently dangerous, even if it is made according to the manufacturer’s specifications. This can happen when the product is designed in a way that makes it likely to cause injury, or when the product does not contain adequate safety features.
• Failure to warn: A failure to warn defect occurs when the manufacturer fails to warn consumers about the dangers of a product. This can happen when the manufacturer is aware of the dangers but fails to warn consumers, or when the manufacturer is not aware of the dangers but should have been aware.

According to the Consumer Product Safety Commission (CPSC), the most common types of defective products that cause injuries are:

• Toys: Toys are responsible for about 15% of all product-related injuries in the United States. Most toy-related injuries are caused by choking on small parts, falls, and electrical shocks.
• Motor vehicles: Motor vehicles are responsible for about 10% of all product-related injuries in the United States. Most motor vehicle-related injuries are caused by crashes, but some are also caused by defective parts, such as faulty brakes or tires.
• Household products: Household products are responsible for about 8% of all product-related injuries in the United States. Most household product-related injuries are caused by burns, falls, and poisoning.
• Tools: Tools are responsible for about 7% of all product-related injuries in the United States. Most tool-related injuries are caused by cuts, bruises, and electrical shocks.
• Consumer electronics: Consumer electronics are responsible for about 6% of all product-related injuries in the United States. Most consumer electronics-related injuries are caused by burns, falls, and electrical shocks.

Filing a defective product claim can be a complex process. Here are the steps involved:

1. Gather evidence. The first step is to gather evidence that the product was defective and that the defect caused your injuries. This evidence may include:

   • Medical records
   • Product packaging
   • Product manuals
   • Witness statements
   • Photographs of the product

2. Contact the manufacturer. Once you have gathered evidence, you should contact the manufacturer of the product. The manufacturer may be able to offer you compensation for your injuries without the need for a lawsuit.

3. File a claim with the manufacturer. If the manufacturer does not offer you compensation, you may need to file a claim with them. The claim should include all of the evidence that you have gathered.

4. Mediate or arbitrate your claim. The manufacturer may offer to mediate or arbitrate your claim. Mediation is a process where a neutral third party helps you and the manufacturer reach an agreement. Arbitration is a process where a neutral third party hears your case and makes a decision.

5. File a lawsuit. If you are unable to reach an agreement with the manufacturer, you may need to file a lawsuit. A lawsuit is a legal proceeding where you ask a judge to order the manufacturer to pay you compensation for your injuries.

Filing a defective product claim can be a complex process. Here are the steps involved:

1. Gather evidence. The first step is to gather evidence that the product was defective and that the defect caused your injuries. This evidence may include:

   • Medical records
   • Product packaging
   • Product manuals
   • Witness statements
   • Photographs of the product

2. Contact the manufacturer. Once you have gathered evidence, you should contact the manufacturer of the product. The manufacturer may be able to offer you compensation for your injuries without the need for a lawsuit.

3. File a claim with the manufacturer. If the manufacturer does not offer you compensation, you may need to file a claim with them. The claim should include all of the evidence that you have gathered.

4. Mediate or arbitrate your claim. The manufacturer may offer to mediate or arbitrate your claim. Mediation is a process where a neutral third party helps you and the manufacturer reach an agreement. Arbitration is a process where a neutral third party hears your case and makes a decision.

5. File a lawsuit. If you are unable to reach an agreement with the manufacturer, you may need to file a lawsuit. A lawsuit is a legal proceeding where you ask a judge to order the manufacturer to pay you compensation for your injuries.

The types of damages that can be awarded in a defective product claim vary depending on the jurisdiction and the specific circumstances of the case. However, some common types of damages that may be awarded include:

• Economic damages: Economic damages compensate you for your financial losses, such as medical expenses, lost wages, and property damage.
• Non-economic damages: Non-economic damages compensate you for your non-financial losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
• Punitive damages: Punitive damages are awarded to punish the defendant for their reckless or intentional conduct. Punitive damages are not available in all jurisdictions.