Consumer products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts, an assembling manufacturer, the wholesaler, and the retail storeowner.
A "defective product" is one that causes injury or damage to a person because of some defect in the product, its labeling, or the way the product was used.
The manufacturer, and others involved in the chain of commerce involving the product that caused the injury, are often liable for injuries from a defective product.
Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits.
For Example: If you use a knife to slice a bagel, and cut your hand in the process, neither the manufacturer of the knife, nor the bagel bakery, will likely be held responsible. But, if the knife snaps and injures you because of a defect in manufacture, the manufacturer and possibly the distributor and the store that sold it to you, will be liable.
Burden of Proof
If you have been injured by a faulty product, it is very important to keep the product that cased the injury so you can prove the product was defective. Simply being injured while using a product does not mean you have a case. You must prove that the product was defective, and the defect caused your injury.
When a product or machine malfunctions and causes an injury, O’Malley & Langan is ready to step in and investigate. We work hard to make negligent manufacturers pay for faulty, harmful, or carelessly marketed products. Our attorneys will assess the facts and circumstances, and candidly evaluate what a likely recovery might be for the injured party or his/her family.
In a product liability case, O’Malley & Langan represented an elderly and disabled client who was the victim of a near fatal accident involving an ambulatory scooter. Working closely with the US Products Safety Commission, O’Malley & Langan was able to prove that the brake failure was the result of a defective part and recovered a favorable settlement on our client’s behalf.
If you or someone you know has been injured by a faulty or defective product, you need legal help right away. Contact O’Malley & Langan for your free consultation.
