Defective Products and Recalls causing Personal Injury

Oklahoma City, OK: Al Gerhart, of the Solid Surface Alliance is concerned about the use of unsafe granite countertops in homes. He says that not all granite is unsafe, but some of it is—and the dangerous granite is what the Alliance is trying to get taken off the market. Most of the news recently has been about granite countertop radon emissions and radon exposure. Some analysts say that people are being too quick to panic over granite countertops: however, Gerhart says that is not necessarily the case. [ Read More ]

Miami, OK: It is something that hundreds of thousands of Americans have in their garage, basement or garden shed. A polyethylene gas can. Used correctly, with care taken to mitigate all risk factors, a gas can should not pose defective product personal injury. But life happens, and in the case of the majority of consumer-grade gasoline cans on the market, there is no basic safety mechanism that would prevent defective products injury attorneys from being as busy as they are. [ Read More ]

Los Angeles, CA: Thomas S. (not his real name) and his family were probably excited the day they moved into their new home. Unfortunately, within two years of moving in, all family members suffered from strange medical problems. Thomas believes that the health problems are related to excess radon in his home, emitting from granite countertops and other furnishings. However, he says that no one believes him. [ Read More ]

There are four legal means for establishing liability in personal injury cases where a defective product has caused injury:

• Negligence occurs when expected, reasonable care is not taken and a legal responsibility exists to do so. The lack of care can be the result of carelessness or even malice. Negligence can occur when defective parts or improper assembly results in a dangerous or malfunctioning product.


• Breach of warranty takes place when a seller fails to uphold a claim or promise about a product.


• False advertising that leads consumers to believe a product is safer than it really is, or distracts them from potential risks inherent in the use of a product, can be argued as misrepresentations under breach of warranty or under strict liability.


• "Strict liability" makes the manufacturer or seller of a defective product responsible for all injuries occurring from the use of the product. The victim must show that the product was defective, and that the defect was the cause of the personal injury. If so proven, then strict liability holds the manufacturer or seller responsible, regardless of fault or intent. "Strict liability" means everyone involved in the making of a consumer product is potentially liable for any personal injury that results from using the product.
  
  

Product liability cases usually involve products such as toys, automobile design, household products, industrial machinery and equipment, farm machinery, products causing explosions and burns, aviation products, medical devices or drugs and any other defective or unreasonably dangerous product.



A "defective product" is one that causes some injury or damage to person because of some defect in the product or its labeling or the way the product was used. The manufacturer, and others involved in the chain of commerce involving the products that caused the injury, are often liable for injuries defective products cause.

"Product liability" include cases such as a mislabeled product that causes injury, an improperly tested drug, vehicles with defective designs such as SUV rollovers, etc.