Debunking Common Misconceptions About Defective Product Lawsuits

When unsafe products harm consumers, those injured may have a right to file a product liability lawsuit—often with the help of an attorney—to recover any damages caused. A product liability lawsuit alleging a certain item is defective can involve a marketing or failure to warn defect, for example, a missing warning label, a design defect such as a flaw in the item’s blueprint or material makeup, or a manufacturing defect.

What Qualifies as a Manufacturing Defect?

A flaw in production that causes a product to deviate from the original design may qualify as a manufacturing defect. These are just a few examples of defective products that have injured consumers:

• Defective vehicles and auto parts
  • Takata used a propellant that could make their airbags explode when deployed, causing the potential for injury or death. 
• Beauty or personal care products containing toxic chemicals
  • The maker of a certain baby formula was ordered to pay $495 million after a premature baby developed an intestinal disease while in the NICU. The jury agreed that the plaintiff’s injuries were caused by the formula and that its maker knew about the possible effects and did not warn about them.
• Poorly designed children’s products
• Faulty medical devices
  • One medical device maker agreed to a $1.1 billion settlement over its faulty CPAP machines. Plaintiffs alleged the foam used in the products degraded and could break off and be ingested, causing cancer and organ damage.
  • A medical device maker faces several lawsuits after diabetes patients and their survivors say one of their glucose-monitoring systems gave inaccurate blood sugar readings.

Misconceptions about defective product lawsuits can often prevent consumers from seeking accountability for damages, so we’re setting the record straight.

7 Common Myths About Defective Product Lawsuits

Here are seven common misconceptions, along with facts to debunk them:

1. If It Were Dangerous, It Wouldn’t Be on the Market.

While consumers might assume any product in the marketplace is automatically safe to use, this isn’t always true. In many cases, a product’s inherent dangers may not be communicated until it is in widespread use. Or, a product may present long-term risks that aren’t apparent to end users when the product initially comes to market. A long list of products sold in the marketplace—from auto parts, children’s toys, and pharmaceuticals to appliances, tools, and recreational equipment—has put consumers at risk of harm and lacked the necessary warnings to protect them.

2. It Was Probably My Fault.

While it can be natural for an individual to feel responsible for harm that results from the use of a product, the manufacturer—not the consumer—is at fault when the product is defective and used as intended. If a consumer uses a product properly or as a reasonable person would expect it to be used, they can reasonably expect the product to be safe. Often, flawed product design, manufacturing errors, or a manufacturer’s failure to warn consumers about a product’s risks can lead to product dangers and consumer injuries—through no fault of the consumer.

3. It’s a Big Company, So I Can’t Win.

The idea of filing a lawsuit against a big company with huge budgets and wide-ranging legal resources can be intimidating, especially for everyday consumers. But courts don’t decide cases on the size or prominence of a product manufacturer. Instead, they make their decisions based on the facts and the scientific evidence behind product claims. When a consumer who has been harmed by a product enlists the help of experienced defective product attorneys, they may present a strong case against a big corporation, effectively demonstrating that the company’s negligence caused their injuries.

4. Only the Manufacturer Can Be Sued.

It’s not uncommon to assume a defective product claim can seek to hold only a product’s manufacturer liable for the damages a product causes. Product liability laws actually allow that manufacturers, distributors, retailers, and any other parties involved in the product’s supply chain make sure the products they provide to the public are safe. So those held liable in faulty product lawsuits are not limited to just the product manufacturers—distributors, retailers, and others responsible for supplying a defective product to the public can be held accountable for the damages it causes, too.

5. The Warranty Expired and Voided My Case.

While a product’s warranty does govern how long a manufacturer is responsible for replacing or repairing a product that isn’t functioning correctly, defective product claims focus on product safety, and they’re not limited to a warranty’s terms. Even after a warranty has expired, consumers may seek to recover damages for any harm a faulty product caused.

6. It Was a Gift, So I Have No Legal Recourse.

It’s easy to understand why consumers would think that only the person who purchased a product can pursue damages if the product is defective and causes them harm. But faulty product lawsuits have no such limitations, as manufacturers have a legal obligation to make sure the products they make and sell are safe for all potential users. Anyone hurt by a defective product may have the legal standing to file a lawsuit, whether they purchased it from a retailer, received it as a gift, or bought it second-hand from the original purchaser.

7. The Instructions Warned Me, So I Have No Case.

Manufacturers are required to properly warn consumers about any potential risks a product might present. But a warning doesn’t negate a manufacturer’s liability for design flaws or manufacturing errors that lead to customer harm. Even with adequate warnings, the product still must be safe for consumers to use. When consumers are injured, they still have a right to pursue damages regardless of whether warnings were provided.

Elements of a Viable Lawsuit

For legal purposes, any flaw in a product’s design (design defect), error in its manufacturing (manufacturing defect), or failure to warn about its dangers (marketing defect) that ultimately leads to consumer harm may qualify.

A claimant must prove:

• That a product defect exists due to a design flaw or manufacturing error, or that consumers were not sufficiently warned about potential safety issues a product presents
• That a claimant’s damages were caused by a product defect or a failure to warn about the product’s risks
• That the claimant used the product properly or as a reasonable person would expect it to be used
• In some cases and jurisdictions, that manufacturer negligence led to a faulty product design, manufacturing errors, or insufficient warnings about potential product risks

If you’re unsure whether the harm you suffered qualifies for a defective product lawsuit, we’d like to hear from you. Share your story with Bell Legal Group today.