Child product manufacturer Fisher-Price recently recalled about 65,000 of its motorized infant soothing motion seats because of their potential to catch fire. According to reports, there have been more than three dozen cases in which the seats have overheated. One device actually caught fire. Fortunately, no injuries have occurred, but the recall serves as a reminder that infants and small children should never be left unattended, even in a child “safety” seat.
If you have been injured by a dangerous or defective product, you may be able to recover damages by bringing a product liability lawsuit against the responsible party or parties. When it comes to determining responsibility, the fault can lie with any party in the product’s distribution chain. Parties can include the product’s designer or manufacturer, the manufacturer of component parts, the product assembler, the wholesaler, or the retail store that initially sold the product. A Boston product liability attorney can help you determine how to proceed if you’ve been injured by a dangerous or defective product.
Types of Defects
In order to win a product liability case, the plaintiff must be able to show that the injury was caused by a defective product, and that the product was made unreasonably dangerous by the defect. The three types of product defects are:
- Design defects – These defects are present even before the product is manufactured.
- Manufacturing defects – These defects occur during the product’s manufacturing or assembly. The design may have been perfectly safe, but an error in production caused the defect.
- Marketing defects – When improper labeling or lack of safety instructions causes someone to get injured, this may be considered a marketing defect.
As mentioned earlier, the defect must make the product unreasonably dangerous. What does this mean? Well, consider a butcher knife. A butcher knife is dangerous by necessity. In fact, it would be made useless if the blade was too dull to injure someone. Although a knife is a dangerous product, a reasonable person would understand the inherent dangers. The knife would likely come with appropriate safety warnings, but it would be up to the consumer to use the knife responsibly and keep it out of the reach of children, for example. If a child injured himself on a such a knife, it would be difficult to argue that the injury was the fault of the knife’s manufacturer, designer, or retailer.
Product liability is a complex and constantly evolving area of the law. You might feel confident that a product defect caused your injury, but the manufacturer might argue that you altered the product once it was no longer under the manufacturer’s control. Another potential defense might be that your misuse of the product caused your injuries, and that the manufacturer couldn’t have anticipated this type of misuse. A MA product liability lawyer can help you recover damages if you’ve been injured by a dangerous or defective product, pharmaceutical, or medical device. Continue reading