Product Liability & Defective Products
Product liability is based on injuries caused by malfunctions or other defects in products when they're being used or even misused in a reasonably foreseeable manner. Manufacturers and designers of products are required by law to make their products in a way that does not harm their customers when they are using the product as intended. Manufacturers must also warn customers of the dangers associated with the use of their products.
The people who can be sued for the breach of those obligations include not only the manufacturers, but every other member of the “stream of commerce,” such as the distributors, retail sellers, and lessors. Examples of product liability cases include mechanical breakdowns in cars, malfunctions in gym equipment, food poisoning, toxic medications or cosmetics, malfunctioning electronics, and others. The types of persons who can sue for product liability include the purchasers and users of the product who are injured.
When companies decide to put profits ahead of safety and make a product that is unsafe they can be held accountable for those decisions. The most common examples are defective cars. Even today General Motors is being investigated for failure to warn of a known danger with respect to their ignition switches. General Motors filed bankruptcy in 2009 which gave them a get out of liability free card for any claim that occurred before they filed bankruptcy. Many persons were injured as a result of a car that was manufactured before 2009. In fact just recently the Chevrolet Cobalt has been deemed a vehicle that is susceptible to this ignition turnoff switch when people use a heavy key chain or impact the ignition switch with their knee or arm. The government requires that these manufacturers recall damaged parts and vehicles but that's not enough. They must be held accountable civilly in court for money damages. In many cases General Motors settled the lawsuits under a confidentiality clause so that people who are later injured cannot use those cases or prior settlements in their cases. In February 2014 there was a recall of the Cobalt for the model years 2003 to 2007. GM is now facing investigations by the Justice Department looking into the company's disclosures in its 2009 bankruptcy filing as to what it told regulators.
There are other kinds of product defects as well including defective bicycles, exercise equipment, even chairs. We all have the right to rely on our senses to believe that a product is fit for its ordinary use and when it doesn't measure up to those expectations and you get injured as a result of that defect you may have a right to bring a claim. Please call me. I can discuss that with you.
I have had cases against gym equipment manufacturers and know the intricacies of product liability law. Please contact me if you have been injured due to a defective product.
Call your product liability attorney today at (702) 474-6400 for a free consultation.