Manufacturers are obligated to ensure that their products are safe and otherwise harmless to the public. Still, injuries resulting from defective products are not uncommon. According to the National Safety Council, in 2021, 11.7 million people were treated in emergency departments for injuries resulting from a defective product.
Surprisingly, most of these injuries involve everyday products that are normally considered safe. A large percentage of these injuries occur in vulnerable populations such as young children and older adults. Many of these injuries could be a result of failure to use the product safely or an accident, but in some cases, injuries are a result of product defects.
What is a defective product?
Usually, a defective product is one that does not work as it should. However, in a legal context, the term refers to a product defect that causes injury or harm to someone. There are three categories of defective products:
Manufacturing defect
It includes any flaw that occurs during the manufacturing process
Design defect
This means there was a design flaw that made the product unreasonably safe.
Failure to warn
This entails a failure to warn the users about how to safely use or operate the product. Most products such as batteries, ladders, toys with small parts, OTC drugs, etc. come with warning labels. You can imagine what can happen if the warning labels are not in place and people are not made aware of the possible risks.
Types of a defective product that can cause injuries:
- Household appliances
- Cleaning products
- Children’s toys
- Pharmaceutical drugs and medical devices
- Industrial equipment
Common injuries caused by defective products
- Organ damage caused by prolonged use of certain medications, when the manufacturer fails to warn against the possible side effects or long-term effects
- Head injuries resulting from defective motorcycles, bikes, and other such products
- Rash or scarring caused by contaminated skincare products and cosmetics
- Choking on small toy parts
- Burns from defective household appliances such as toasters
- Broken bones caused by falling off a defective ladder or furniture that breaks under the person’s weight
- Poisoning caused by contaminated food purchased from a shop
- Injuries from dangerous drugs that claim to treat a health problem but cause harm
Who can sue for product liability?
In Connecticut, an injured person who purchased or was the end user of a defective product can sue for compensation. Moreover, innocent bystanders who have been injured can also claim compensation.
If you have been injured due to a defective product, your first step should be to seek immediate medical attention. Stop using the product at once and report the defect to the manufacturer. Preserve the product and take pictures of your injuries fur future use. If your injuries are serious, speak to an experienced lawyer and consider filing a product liability claim. There are different types of claims you may file:
Warranty breach
When the product does not perform its intended function
Strict liability
Typical for inherently dangerous products that can cause serious injuries if defective. Strict liability is often used when heavy machinery and other similar equipment are found defective
Negligence
The plaintiff must prove that the manufacturer, seller, or any other party involved in the distribution has a duty to exercise reasonable care and failed to fulfill that duty, resulting in injury.
If you or your loved one has been injured by a defective product, contact an experienced lawyer as soon as possible. They will evaluate your case and recommend the best course of action based on the specific circumstances of the case. They will ensure that your rights are protected and that you receive the compensation that you deserve.