Product Liability Claims

Product liability claims come about when a product has a defect that causes an injury. Product liability claims can arise from any type of defective product, including automobiles, medical devices, dangerous toys, household appliances, airbags, tires, or even medications. Product liability claims can be made for a manufacturing defect, design defect, or marketing defect.

  • "Manufacturing defect" means that the product deviated in its construction or quality from its specifications or planned output in a manner that renders it unreasonably dangerous.
  • "Design defect" is a condition of the product that renders it unreasonably dangerous as designed, taking into consideration how useful the product is to the public and the risk involved in its use. For a design defect to exist there must have been a safer alternative design (which means a product design other than the one actually used that probably would have prevented or significantly reduced the risk of injury without substantially impairing the product's usefulness and was economically and technologically feasible at the time the product left the control of the company).
  • "Marketing defect" means the failure to give adequate warnings of the product's dangers that were known or should have been known, or failure to give adequate instructions to avoid such dangers, which failure made the product unreasonably dangerous as marketed.

In order to succeed on a product liability claim, a Plaintiff or claimant must prove that the defect made the product unreasonably dangerous. An "unreasonably dangerous" product is one that is more dangerous than would be expected by the ordinary user of the product. An ordinary user is a person in the community who has common-knowledge about the product's characteristics.

As product liability claims are usually very complex, it is essential to have a highly-skilled attorney representing you. At the Marynell Maloney Law Firm we are happy to give you a free consultation if you feel you may have a potential products liability claim.