We trust that the products we buy and use will help us in the way they’re advertised and that they’re safe to use as indicated. However, defective products hurt people all the time. Exploding airbags, hernia meshes that get stuck to internal organs, talcum powder causing ovarian cancer, and medications causing internal bleeding or increasing the risk of kidney failure are just a few unreasonably dangerous or defective products. When products harm people, the manufacturers and distributors may be liable for the harm caused.
What Is Product Liability and What Claims Could Be Made?
Product designers, manufacturers, and distributors are responsible for putting safe products on the market. Product liability claims can arise in a few different ways. The product’s actual design could be the reason why it causes harm, even if all the materials that went into the product were fine and nothing went wrong in manufacturing. For example, a ladder may be designed to be lightweight and easy to carry, but in designing the ladder that way, it won’t hold more than 90 lbs. before collapsing.
Another type of product liability arises from manufacturing defects. This occurs when an otherwise safe product is manufactured incorrectly so that it has flaws that make it likely to harm someone. For example, a ladder is designed to hold 300 lbs., but the manufacturer fails to follow instructions and uses weak materials that make it unable to hold more than 80 lbs. without collapsing.
A product can also be unreasonably dangerous if it lacks appropriate warnings regarding and for using the product. For example, if you’ve ever bought a hairdryer, you probably noticed a tag around the cord warning you not to use it while standing in water (that means standing in a puddle on the floor, too) or you’ve seen toy packages warning the consumer not to give it to children under a certain age because the toy contains small parts. Product manufacturers are responsible for warning consumers of known dangers associated with using the product. If someone is hurt because they weren’t warned about the inherent dangers of a product or in using the product a certain way, they may have a claim for damages.
Kidneigh & Kaufman has been helping products liability victims seek justice and compensation for their injuries. Over 30 years ago, Steve Kaufman handled the first tampon-related toxic shock syndrome case in the country against Proctor & Gamble. Kidneigh & Kaufman continues to help victims of product liability, more recently with cases involving defective heaters, ATV roll-cages, airbags, and seatbelts, as well as improper labeling, and unreasonably dangerous prescription drugs.
If you’re injured due to a dangerous or defective product, you may have a claim against the product manufacturer. However, these are complex cases, and you’re usually going up against huge companies, so you need an experienced products liability attorney at your side. The attorneys at Kidneigh & Kaufman, P.C. are experienced in representing clients in product liability cases and in winning them. Call us at 303-393-6666.
 Consumer Reports. Takata Airbag Recall: Everything You Need to Know. https://www.consumerreports. org/car-recalls-defects/takata-airbag-recall-everything-you-need-to-know/. (Updated Apr. 5, 2018)
 Terry Turner. Hernia Mesh Lawsuits. https://www.drugwatch.com/hernia-mesh/lawsuits/.
 Matt Mauney. Talcum Powder Lawsuit: J&J, Imrys to Pay $80M in Punitive Damages. https://www.asbestos.com/news/2018/04/11/johnson-johnson-talcum-powder-punitive/ (Apr. 18, 2018)
 Tina Bellon. Jury orders Bayer, J&J to pay $28 million in Xarelto lawsuit. https://www.reuters.com/ article/us-bayer-xarelto/jury-orders-bayer-jj-to-pay-28-million-in-xarelto-lawsuit-idUSKBN1DZ2NH. (Dec. 5, 2017).
 Nexium Lawsuits Ready to Move Forward, As Federal Court Overseeing Proton Pump Inhibitor Kidney Damage Claims Schedules Initial Conference, Bernstein Liebhard LLP Reports. http://markets.businessinsider.com/news/stocks/nexium-lawsuits-ready-to-move-forward-as-federal-court-overseeing-proton-pump-inhibitor-kidney-damage-claims-schedules-initial-conference-bernstein-liebhard-llp-reports-1002272747. (Aug. 21, 2017)
 Procter & Gamble’s head of product safety testing, testifying… https://www.upi.com/Archives/ 1982/03/11/Procter-Gambles-head-of-product-safety-testing-testifying/2672384670800/?spt=su. (Mar. 11. 1982).