Other Defective Products

Every year, thousands of consumers sustain serious injuries from common household products that are defective. These goods usually seem harmless until an injury occurs. Some examples of defective or unsafe consumer products include: automobiles and automotive products, toys and children's products,

Manufacturing Flaw of Defect

First, a product can be unreasonably dangerous because of a manufacturing defect. A manufacturing defect occurs when the manufacturer fails to make the product in accordance with plans and specifications set forth for the product. The design of the product might be flawless, but, one or more of the actual items is dangerously defective because it was made improperly. The plaintiff must also prove that the manufacturing defect caused the injury. In other words, the defect must have existed when the product left the manufacturer's hands and the product was unaltered when it cause the injury.

Design Flaw or Defect

Second, a product can be unreasonably dangerous because of a design defect. A design defect occurs when the entire line of products produced by the manufacturer is unreasonably dangerous. Generally, to determine whether the product is unreasonably dangerous, states use some variation of a balancing test. The balancing test weights the utility of the product against the danger that it poses. In most cases, the plaintiff will offer proof of a "safer alternative design" that the manufacturer could have used which would have prevented the injury. The court will use the balancing test to weigh the feasibility of a "safer alternative design", the cost and availability of safety features and the extent such modifications would diminish the product's effectiveness.

Inadequate Instructions or Warnings

Finally, a product can be rendered unreasonably dangerous because of inadequate instructions or warnings. Inadequate instructions or warnings occur when the manufacturer or distributor of the product does not provide the consumer or user with sufficient information regarding the danger involved in operating, using, maintaining or cleaning the product. In order for instructions or warnings to be adequate, they must be conspicuous and completely warn the customer of the degree of risk involved in failing to abide by the warnings or instructions. The lack of adequate instructions or warnings may render a product defective even though the product was not otherwise flawed. The warnings may also be required to be in more than one language if it is reasonably foreseeable that people will use the products who do not speak English.

In cases involving inadequate warnings, the presumption is that if the adequate warning had been given then the consumer would have read and heeded the warning. This presumption can only with rebutted with evidence that the consumer had some personal characteristic which would have cause the consumer not to have heeded any warning, even if an adequate warning had been provided.

Below are some examples of products that have either been recalled as defective or are related to consumer safety issues. If you or a loved one has been injured by any of these products, please click here.