Defective products or products liability is the area of law whereby the manufacturer, seller, retailer, distributor, supplier and/or any others who make the product available to the public, fail in their obligation in making a product available that is reasonably safe, and results in their being held liable for damages caused by their unsafe product.
Defective products can be the result of a manufacturing defect, a defect in the design itself and/or a failure to warn about a potential danger regarding the product. A manufacturing defect usually occurs in the actual process of manufacturing the product, such as by using low quality materials. A design defect occurs when the design of the product itself is inherently dangerous or defective. A failure to warn defect occurs when a product has risks that are not obvious and could be reduced by the use of warning; these defects would be present regardless of the quality of manufacturing or the design.
Oftentimes, when a product is found to be defective, the manufacturer of the product is required to take it off the market and/or redesign the product.
Defective products or products liability is a vast area of law and can include most any type of tangible products.
The following are examples of potential defective products, all of which Halpern Santos & Pinkert, P.A. handles:
- Automotive defects - This includes any type of automobile defect such as automobile fires, defective door latches, airbags, seat belts and tires. For example, if a seatbelt breaks in an accident, the manufacturer of the seatbelt could be held liable for any injuries sustained as a result of that failure.
- Pharmaceutical products- This includes any medical devices, pacemakers, defibrillators and any drugs or medicine. For example, if a drug causes deadly side effects, the manufacturer may be held liable for the wrongful death.
- Defective toys, gadgets, tools, machines or appliances- For example, if a toy has sharp edges or points, which injure a child, the manufacture may be held liable for the damages sustained by that child.
Defective product cases require a technical and legal understating, and each case has unique aspects that necessitate the use of an experienced attorney. That is why if you or someone you know is injured as a result of a defective product, it is important to make sure to contact an attorney immediately, as you or that person you know may be entitled to compensation.
Halpern Santos & Pinkert, P.A. handles all type of defective product and product liability cases. Jay Halpern has been handling such cases for over 30 years and has the ability to obtain the optimal results for you.