When you purchase a product online or in a bricks and mortar store, you expect that the manufacturer or marketer of the product has properly tested it to ensure that it doesn’t pose an unreasonable risk of injury to the public. Unfortunately, that’s often not the case—in the rush to be the first to market, many designers and product manufacturers cut corners, often with respect to testing. In addition, too many companies fail to provide warnings about dangers they actually know about. Nonetheless, they wrongfully allege that there’s an “explosion” of product liability lawsuits in the United States. The reality—less than one of every 40,000 lawsuits filed annually involve dangerous or defective products.
Under the law, there are three distinct grounds for a product liability lawsuit:
- Negligence or carelessness in the design of a product—Before a product ever goes into production, it’s an idea. Some ideas don’t translate well to products, as there’s simply no way to manufacture them in a way that makes them safe. Others need to be redesigned to ensure they don’t pose an unreasonable risk of harm to the public. With an allegation of negligent design, the injured person is not necessarily questioning the quality of the manufacturing, but arguing that the design itself posed the unreasonable danger. For example, a motor vehicle with a high center of gravity may be unreasonably susceptible to rollover because of the design.
- Negligence or carelessness in the manufacture of a product—Here, the injured party alleges that some component of the manufacturing of the product caused the injury. It may have been substandard parts or poor craftsmanship, or the manufacturer may have failed to properly monitor the process. The cause of the injury, under this allegation, is a breakdown in the manufacturing process.
- Negligence or carelessness in the marketing of a product—If a company knows or should know of danger associated with a product, but fails to provide adequate notice with the product, there can be the basis for negligent marketing claim.
Contact Attorney Howard D. Popper
To learn your options after suffering an injury due to a dangerous or defective product, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.
We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.