What is product liability?

Product liability is an area of the law which addresses injuries to either persons or property as a result of defective products.

What is a "defective product"?

A product can be defective for one of three reasons:

1) A product may contain a manufacturing defect. A manufacturing defect occurs when a product is not assembled or built correctly.

2) Another type of defect is a design defect. A design defect is present when the hazards posed by the product are so great that they outweigh the product's usefulness. In most cases, it is necessary to establish the hazard which caused injury can be eliminated through the use of an alternative design.

3) The final type of defect is the warning defect. A product may be defective because it fails to contain adequate warnings which inform a user of the product's hidden and not-so-hidden dangers.

Are all products which harm people or property defective?

Not all products which cause injury are defective. For instance, many products can be intentionally misused to cause injury. Additionally, some products, by their very nature, will always present hazards. For example, while a knife has a dull edge will not injure the person using it, it also will not cut food!

How do I find out if I am a victim of a defective product?

First, keep the product! Do not repair, alter or in any way change the product -- keep it in the same condition it was in at the time of the accident. Also try to hold on to any materials that came with the product. This includes booklets or instructions as well as the packaging.