The Four Things Everyone Needs to Know about Dangerous and Defective Products

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Dangerous and Defective products surround our life. Pulvers, Pulvers & Thompson LLP knows it is important to know what to look for and how to respond in the case of an emergency.

Product Liabilty
It is estimated that approximately 3 million people are injured each year by dangerous and defective products and 20,000 are killed.

When people buy or use products on the market today, they expect them to be safe enough for the product’s intended use without causing harm. But many times this is not the case. Each year a significant number of people are maimed or killed by dangerous or defective products. And often times the injured are children, says Harlan Thompson, who is a product liability attorney in New York with Pulvers, Pulvers & Thompson LLP.

Here are the four things everyone must know about Dangerous/Defective Consumer & Industrial products:

1)The U.S. Consumer Products Safety Commission estimates that between 200 and 300 products are recalled each year because they pose a danger to users. Moreover, it is estimated that approximately 3 million people are injured each year by dangerous and defective products and 20,000 are killed.

2)Defective products can be household items and the subject of product liability claims like cribs, car seats, toys, household appliances, automobiles, and prescription drugs.

3)When a consumer or user is injured by a defective of dangerous consumer or industrial product, he or she may wish to file a product liability claim to recover compensation for medical bills, pain and suffering, lost wages, and more. The dangerous and/or defective product’s manufacturer, distributor, supplier, seller, or retailer may be held liable for the injuries which the product caused depending on the specific defect which the product has and the amount of knowledge that each had or should have had concerning the product.

4)The standard used to determine whether a product is defective or dangerous in product liability cases is whether or not the product lived up to the safety standards of the community as set by the community’s reasonable expectations of a product’s safety. This determination is most often made in a court of law. The court may take into account several factors when making its determination. These factors include: the marketing of the product, the packaging of the product, the instructions which came with the product, warnings included with the product, and the reasonably foreseeable use of the product.

A product liability claim can arise out of several underlying claims regarding the dangerous or defective nature of the product. Firstly, a product liability claim can be based on personal injury caused by the defective design of the product. Secondly, a product liability claim can be based on personal injury cause by a manufacturing flaw in the product which caused the product to be dangerous to the user. Thirdly, a product liability claim can be based on the injury which was sustained by a user because of the failure to provide adequate warning of known and potential dangers of the particular product; if a product is potentially hazardous or dangerous, a product manufacturer is required to give consumers and users adequate warning of the potential dangers of the product.

Product liability claims can fall into the category of negligence, strict liability, breach of warranty, or a consumer protection claim depending on the circumstances. Manufacturing flaws, which can include the use of inferior materials and failing to include safety features may, typically fall under negligence. Strict liability claims general arise when the product liability issue concerns the defective design of the product as to make the product inherently dangerous to the user. Breach of warranty claims may be based on breach of expressed warranty, implied warranty, or implied warranty of fitness for a particular purpose of the product.

A victim that has been injured by a defective or dangerous product that is seeking legal action should consult the services of a knowledgeable product liability attorney to make sure they receive the proper settlement or verdict they deserve for their injuries. Contact a product liability attorney today for a free personal injury consultation.

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Harlan Thompson

Harlan Thompson
since: 06/2012
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Pulvers Pulvers & Thompson LLP
since: 05/2012
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