Products Liability Litigation

In typical products liability litigation, the word "defect" is key to determining if a company is liable for injuries or harm stemming from a product, as well as the extent of that liability. Generally, the word "defect" refers to a product that is unreasonably dangerous in some way, when used as it was intended to be used. Therefore, it is arguable that a product might not be defective if a consumer was injured only when using the product in a way that it was not intended to be used, or if the consumer modified or altered the product in some way before using, which caused it to be defective. Likewise, the parties that are potentially liable if a consumer is able to prove that a product is defective can be quite lengthy. While it is commonly assumed that it is only the manufacturer who may be liable for a defective product, in fact, all parties from the point of design of a product up until the sale of the product to the consumer might be liable for harm to the consumer caused by the product, depending on the circumstances.

Fast Facts

  • Energizer recalled about 3,000 nighlights in 2009 due to a risk of fire hazard.
  • Wilton recalled about 142,000 tea kettles in July, 2009, due to a risk of burns.

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