3. Do I need a lawyer in a product defect case?

Product defect cases are very complex and require extensive expertise from scientists and engineers. As a result, if you have been a victim of a dangerous product, you should consult an experienced product liability attorney.

4. If I am seriously injured by an appliance that is more than two years old, is the product too old for me to file a claim?

No. A product defect claim must be brought within two years of the time when the accident occurred, regardless of the actual age of the product. So as long as your accident happened within two years, the product can be five, ten or even fifteen years older.

5. Our brand-new lawnmower backfired and injured me. Who do I sue for damages?

This type of injury is fairly typical of a product defect claim – and you may be able to prove that the manufacturer of the mower made a defective product. If your claim is successful, the manufacturer would be liable for your injuries and would be responsible for paying any damages awarded to you. An experienced product liability attorney can help evaluate the circumstances of your injury and advise you of the appropriate legal action.

6. If a manufacturer doesn’t label its product correctly and I suffer an injury as a result, do I have a case?

Improper labeling, insufficient instructions, or the failure to warn consumers of a product's hidden dangers are all considered marketing defects – and may be the basis for a lawsuit. A negligent or intentional misrepresentation of what the product may be used for can also be grounds for a product defect claim. Consult an experienced product liability attorney for more advice specific to your case.

7. What other kinds of product defects are there?

There are three main types of product defects – design defects, manufacturing defects and marketing defects. A design defect is a flaw with the actual product design – for example, a cooking pot designed without a safety handle. A manufacturing defect is a problem that occurs when the product is being produced – for example, when a factory worker neglects to assemble the product components correctly. A marketing defect is a flaw within the instructions or labeling of the product.

8. Is there a federal product defect law?

There is no federal product defect law – so product defect claims are usually based on state laws regarding negligence, strict liability, or breach of warranty. Each state also has a set of commercial statutes modeled on the Uniform Commercial Code, which addresses warranty rules that can affect product liability.

9. What does “strict liability” mean?

Strict liability in a product liability case means that the product manufacturer is responsible for a defect, regardless of how much care the manufacturer might have taken to prevent the defect from happening. For example – if you are injured by a defective toaster, it doesn’t matter if the factory had quality control procedures in place – the manufacturer is still responsible for the defect.

10. I was injured by a defective kitchen appliance – my injuries weren’t that bad, so I don’t know if I really want to sue the manufacturer. Why should I bring a claim?

You should consider your legal options for a variety of reasons. First, you should be able to purchase and use a kitchen appliance without risking injury – and the manufacturer needs to be held responsible for any defects. Second, even if your injuries don’t seem “that bad” – if you were injured, it’s likely to expect that other consumers may be as well. Your decision to pursue a claim could impact the future production of the appliance, forcing the manufacturer to fix the defect and preventing others from suffering the same injury. You should consult an experienced product liability attorney who can examine the details of your situation and advise you of your legal rights – enabling you to make an informed decision about whether or not to take legal action.