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Product liability is that section
of the law that requires the manufacturer to make
reasonably certain their product is safe. Each year
thousands of people are injured due to unsafe
products. Examples run the gamut from high tech
prescription medication with undisclosed or
unacceptable side effects to simple every day items
such as step stools without a sufficiently wide base
and are too easy to tip over.
In essence all product liability
cases stem from three basic principals;
The product is defective.
A problem with the manufacture of the product
resulted in an injury. Examples; improper welds
resulting in product failure during use, foods or
drugs contaminated during the manufacturing process.
The general safety of the product is not called into
question, only the condition of the one example of
it that resulted in injury.
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The design is defective. In these cases the
argument is that there is something inherent in the
design that results in the product being unsafe under
certain conditions. Recent headlines include vehicle and
drug recalls. Often these product fail to meet certain
industry standards for safety. These standards are
constantly changing. For example small appliances made
without ground fault interrupters may have been standard
10 years ago, but if this safety device were not
included in such a product made today, it would be
considered an inherently unsafe design.
The manufacturer failed to warn of potential hazards.
In many cases it is impossible to make a product
completely safe. The law understands this and allows for
the manufacture of products with potential safety issues
provided the user is warned the the issue. For example
ladders are inherently unsafe. They may be used with a
reasonable level of safety provided the user is warned
of three issues (1. Be careful, there is always risk of
a fall. 2. Place the ladder on a firm level surface. 3.
Do not stand on the top x steps.) If a ladder company
fails to include these basic warnings and a user is
injured as a result then the ladder company is at fault. |