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“What is product liability?”

Companies are not allowed to make products that are unreasonably dangerous, so you or a loved one may be entitled to payment for serious injuries sustained while using such a product. However, the word “unreasonably” is open to debate. The law recognizes that life entails risk, so not every product-related injury means the product itself is unreasonably dangerous.

There are three categories by which a product can be deemed unreasonably dangerous:

• A manufacturing defect that makes an individual product unit dangerous to use.
• A design defect that makes a whole product line dangerous to use.
• Inadequate warnings or instructions, leading people to use the product without understanding its proper use and inherent risks.

In most cases, a free consultation with the Markam Group will quickly establish whether you have a product liability case worth further investigation.

“What are some typical kinds of product liability cases?”

Nearly any product can be badly designed, poorly made or lack sufficient safety instructions. A few examples of cases that have led to successful judgments and settlements:

• Defective cribs with side-rails that suddenly drop down and injure infants.
• Smoke alarms that fail to sound in a fire.
• Cars and SUVs without enough roof bracing to withstand a rollover accident.
• Tires that blow out in very hot or cold weather.
• Weak rear-impact guards on large-truck beds, allowing a car hitting the truck from the rear to slide beneath the bed, killing the car’s occupants.
• Barbeque lighters that are too easy for small children to ignite.
• Weak helmets that fail to reasonably protect wearers from head blows as claimed.
• Highly flammable clothing for infants.
• Outdoor charcoal grills lacking warnings that indoor use can be fatal due to toxic gases.

“What does ‘crashworthiness’ mean?”

Motor vehicles and their parts are required by law to be crashworthy, meaning that they must be able to protect occupants in a crash. The roof must withstand common rollovers, the airbags must deploy in frontal impacts, and so on.

“What must I prove to win a product liability case?”

You must show either: A) that the product failed to perform as a consumer would reasonably expect in normal use, or B) that the product is too risky even when used as directed, and that safer designs or better directions could make the product safer at similar cost to the manufacturer.

“Do I need to have the product to file a product liability case?”

Yes, it is extremely important to keep and preserve the product that you believe caused you injury. We must be able to examine the product to see exactly how it was defective and led to injury. If we file a lawsuit against the manufacturer, their lawyers are entitled to carefully inspect the product as well. Even if the product has been destroyed, such as a car or appliance consumed by fire, it is important to keep its remains as evidence.

“What sort of product inspection will lawyers conduct?”

Your attorney will make an initial inspection of the product, often taking photos and measurements, perhaps switching on the product to observe its operation. If the case proceeds, lawyers from both sides will make more detailed inspections, sometimes taking apart the product and having it closely examined by experts. These types of “destructive inspections” should not be done until a lawsuit has been filed and attorneys from both sides are involved in a case, agreeing on procedure for proper dismantling of the product.

“Who is responsible; the retailer or the manufacturer?”

Either. In most cases, the manufacturer is primarily responsible for the product that they designed and produced. However, the retailer often has the only contact with the injured customer, and sometimes they hold responsibility for the way the product was sold—for example, a car dealer who sold a powerful, unstable vehicle while dismissing its risks.

“What if the injured person does not own the product?”

You may be able to recover even if you did not personally buy the product. For example, if you are a passenger injured in a defective or dangerously designed vehicle, you are fully entitled to bring a product liability claim. Or, to extend the example, if your parent was killed in an unreasonably dangerous vehicle they bought, you could bring a product liability claim as an heir. In general, the law protects users of products, and those users do not have to be owners

“What if the injured person improperly used the product?”

Obviously, improper use of a product may hamper liability claims. However, if the product instructions fail to warn sufficiently of its risks, you may be able to win your case. Inadequate instructions for safe use of the product will often make it unreasonably dangerous in the eyes of the law.

“What if the product came with warnings?”

Just because the product came with warnings about its hazards does not mean they were good warnings. The law says product warnings must be clear and understandable to the average user; they must be appropriately placed; they must be specific to the hazards involved, and so on. Simply adding a few words of warning to the instructions may not be enough. A consultation with the Markam Group can help determine whether the product that injured you came with sufficient warnings about its risks.

“Would I have to testify in court?”

When you bring a product liability case, you usually first give a deposition, telling your story to an attorney and a recorder. If the case proceeds to trial, you will then testify in court about your purchase and expectations of the product, and how you believe the product caused you injury.

“Do I need an expert witness?”

Experts are very important in product liability cases. The more complicated the product, the more serious the injury, the more important it is to have experts on your side. Cases often revolve around the mechanical or scientific aspects of the product, so experts experienced in design of similar products often testify about why the product failed, why it was dangerous, and how alternative designs could have made it safer.

“Should I consider bringing a product liability case?”

You have limited time in which to file a lawsuit, so delays can ruin your chances to recover for your loss. If your injuries are serious and long-lasting, think of the long-term costs you and your loved ones will face, perhaps including extended therapy and care.

Also consider another important, social reason to pursue lawsuits against dangerous products: you’ll help make products safer, preventing others from being injured as you were. Product liability lawsuits have made many of the products we use far safer than they once were. By bringing a product liability case, you provide the strongest incentive many manufacturers have to make their products less hazardous to use.

“What sort of lawyer should I hire?”

You’ll want an attorney experienced in complicated injury litigation, and a record of winning cases at trial, not merely settling out of court. The firm should have special knowledge and expertise, and the ability to obtain testimony by a relevant expert.

If your injuries are serious, there may be very large amounts of money at stake, so your law firm should have adequate resources to fight a prolonged battle, including the ability to advance costs in order to hire the very best experts for your case.

“How long will my case take to resolve?”

Most cases can be filed and brought to trial within two to three years or less, and very worthy claims are often settled much sooner, without trial. The wait for trial often depends on where your case is filed, as most courts are crowded with lawsuits. And, of course, complex cases take more time than simple ones.


For a free, professional evaluation of your case, please contact the experts at The Markam Group.

Phone: (509) 747-0902
Email: info@markamgrp.com