It seems only fair that, if a company chooses to market a product for profit, that company has a responsibility to properly test the product to make certain it doesn’t pose an unreasonable risk of injury to consumers. Unfortunately, in the rush to be first to the market, many manufacturers and marketers take shortcuts. One of the most common involves adequately considering the safety risks associated with a product.
If you or someone you love has been hurt while using or after being exposed to a dangerous or defective product, there are a number of legal theories you can use to pursue full and fair compensation for all your losses:
- Negligent design—When developing a new product, a company must reasonably evaluate the product design and assess whether it involves unnecessary risk. For example, in the design of a motor vehicle, consideration must be given to the center of gravity, as it may lead to an unreasonable risk of rollovers if it’s too high. With a claim of negligent design, it doesn’t matter whether the product was reasonably constructed, assembled or manufactured. From a legal perspective, the product would still be unreasonably dangerous, regardless of how well it was manufactured.
- Negligent manufacture—This claim typically involves the use of substandard components or materials, failure to put a process in place to ensure that the product was safely assembled or built, or negligence in the construction, assembly or fabrication of a product. While a claim of negligent design may apply and may be filed concurrently, it’s generally irrelevant how the product was designed—this claim contends that the failure was in the manufacturing process.
- Negligent marketing—A product may be reasonably designed and well-manufactured, but still pose an unreasonable risk of injury. Most negligent marketing claims involve a failure to include adequate warnings on a product label, or erroneous instructions on packaging. A claim for negligent marketing may be made for a use that was not intended by the manufacturer or designer, but was reasonably foreseeable.
Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP
At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.