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Product Liability and Defective Products

Personal Injury Attorneys Representing Clients with Defective Products Issues

“Defective products” are defined as consumable, commercially produced and distributed good that is (1) unfit for its intended use, (2) dangerous or harmful for normal use, (3) does not carry adequate instructions for its use, or (4) is inherently dangerous due to defective design, assembly, or manufacture. Unfortunately, there is a record of defective products that cause long-term effects, serious injuries or even death.

Some examples of defective products include vehicles that role or crush too easily and pharmaceutical products like VIOXX® and ReNu®. Defective products come in many shapes and sizes. Generally speaking, defective products fall into three categories: manufacturing defects, design defects, and failure to warn or “inadequate warnings.”

Below is a list describing these three main categories of defective products and examples of each:

  • Manufacturing defects
    In these cases, the injury was caused as a result of a defect in the actual manufacturing process. For example, the recent recall on Firestone tires was due to a manufacturing defect. The tread on the tires had a tendency to separate from the tire itself with often devastating consequences.
  • Design defects
    In these cases, the defect is in the design itself. One example involves Sport Utility Vehicles which have too high of a center of gravity and a wheelbase that is too narrow. As a result of the design process, these SUVs are extremely unsafe when emergency steering maneuvers are employed. Another example of design defects involves vehicle roofs that are easily crushed in a roll-over accident.
  • Failure to warn or “inadequate warnings”
    “Failure to warn” cases involve injuries caused as a result of a product being sold without a proper warning to consumers. Some of the most well known “failure to warn” cases involved tobacco companies. The tobacco cases were based on a failure by the tobacco companies to adequately warn the public about the addictive and dangerous nature of its products. In order to successfully represent a defective product case, special skills and expertise are required. These cases often involve complex and hotly contested theories of liability. Additionally, when lawsuits are filed against large corporations, they will fight tenaciously because any adverse verdict or settlement can have huge financial consequences as well as damage to the company’s reputation and status.

If you or a loved one has been injured because of a defective or dangerous product, including pharmaceutical drugs, contact Fuicelli & Lee, PC today. The Denver personal injury lawyers at Fuicelli & Lee, PC are experts in cases involving defective products and are here to help. As always, your initial consultation and assessment of your case is provided free of charge.