- Once a product is put in the stream of commerce and it causes injury to a person a claim may be brought without the need proving a breach if a duty of care. The breach of a duty of care is an element of a negligence case which is generally not part of a products liability case. Because of this reality, products liability claims are generally referred to as strict liability claims. That is one need only prove that the product was defective or that a warranty was breached. These claims can be brought against the manufacturer and seller of the product. Product claims can be brought for injuries caused by cars, trucks, boats, snow mobiles, canoes, in short all types of commercial, recreational, personal, and household items which have caused injury, damage, and suffering.
- There are several forms of defective products. One type of defective product is a product with a design defect. This means that there is something about the product that makes injury more likely and by modifying the product the injury would be avoided.
- An example of this type of case that Attorney Erickson prosecuted is a case involving a man who sustained a broken foot from a dumpster tipping onto his foot as he was loading it with debris. The dumpster had a design flaw that if it was loaded from the front and it was otherwise empty it would tip forward with considerable force.
- A second type of defective product is a product with a defect in manufacturing. This is often a flaw in the manufacturing process. An example of this type of claim is if a fan blade on a jet engine broke causing catastrophic failure of the engine and the plane. This blade failure was unfortunately the cause of the downing of a jet which took off out of New York and crashed killing all those who were on board.
- A third type of defective product is a product with inadequate warnings. For example, paint remover is dangerous and highly corrosive so special warnings of information about its dangers and handling must be made. It is said that an adequate warning once made must be heeded. A question exists, therefore, as to adequacy of any warning given.
- Finally, claims can be made for breach of a warranty for a product. Consumer products carry an implied warranty of fitness for the product's intended use. Although companies attempt to have consumers waive these warranty claims, these waivers are generally found by courts as invalid.
- Attorney Erickson brought this type of claim against the manufacturer, distributor, and seller of a food product, a cookie, which caused dental injuries and other harm and injuries to the woman who unknowingly ate the cookie.
- If you have been injured due to a defective product you should contact Attorney Erickson at (978) 793-9212 to discuss your claim and have him review any potential product liability claim. Call him today.