Who is responsible for an injury resulting from a defective, dangerous or unsafe product?
Manufacturers have a duty to ensure that consumers are not injured by products sold with defects caused either by a flaw in design, in construction or a failure to provide adequate instructions and warnings regarding proper use. The user of a defective or dangerous product can hold manufacturers, distributors and retailers liable for their injuries. Often the injured person may not need to prove negligence because product liability is frequently a question of strict liability – meaning if the product is defective, the defect caused an injury and the product was used as it was meant to be used, and not substantially altered, the victim may sue for compensation.
Products frequently covered under this area of law include:
- Defective playground and school equipment, cribs, toys, bicycles, amusement park rides, and swimming pool equipment
- Defective machinery
- Defective medical equipment including products implanted during surgery