Defective Products and Consumer Protection

On Behalf of | Jan 16, 2020 | Firm News |

Defective products cause harm and injuries to millions of consumers daily.  Consumers who have been injured by a defective product may have product liability claims against the manufacturer of the product. The following are three broad categories of product liability cases.

Defective Design. When the product causes harm to the consumer due to a failure in the design of the product, the designer and manufacturer of the product may be held liable. Some examples of design defects include improper design of brakes on a bicycle or a dangerous toy.

Manufacturing Defects. Sometimes products can contain flaws due to the way they were manufactured. In these cases, the product is designed properly but during manufacture of the product, there was a flaw. An example of a manufacturing defect would be when a toy has a loose or broken part that becomes a choking hazard. In these instances, not all batches of the product contain the flaw.

Defective Warning. Some products may harm the consumer due to ineffective warning labels. Product manufacturers have a duty to warn consumers of the possible harm and risks of using their products.  Manufacturers should notify the consumer of all known risks when using their product, as well as provide proper instructions on how to use their product.

When a consumer is injured while using a product, it may be hard to ascertain the cause of the injury initially. Therefore, it is important to consult an experienced products liability attorney so that the case may be thoroughly evaluated.

Legal Theories

Consumers may be able to use the following legal theories to build a case against the product manufacturer.

Negligence. Manufacturers owe a duty to keep consumers safe while using their products. When one is injured by defective product, the consumer can claim that manufacturer breached the duty of reasonable care owed to them.

Strict Liability. Manufacturers are strictly held liable for defects. Plaintiffs in these cases do not have to prove that the manufacturer was negligent if they can show that the product had a manufacturing defect.

Breach of Warranty Claims

Consumers may also assert a breach of warranty claim against a manufacturer for harm caused by a defect. These claims may be useful in reimbursing the consumer for the losses sustained on contract theories.

Class Action Lawsuits

When several consumers suffer a similar injury due to a defective product, they may sue the manufacturer as a class of victims. This type of claim can be a cost-effective way to bring a lawsuit upon on the manufacturer for claims involving several consumers.

Philadelphia Consumer Protection Lawyers at the Harty Williams Fight for Victims of Defective Products

For a thorough and expert evaluation of your claims, contact the Philadelphia consumer protection lawyers at the Harty Williams today. Call us at 267-383-3899 or contact us online for an initial consultation. Located in Philadelphia and Haddonfield, New Jersey, we represent clients throughout Pennsylvania and New Jersey.