Defective Warning Claims

A product is considered defective if it there is a flaw in its design, if it was improperly manufactured, or if the manufacturer failed to provide adequate warnings or directions for its use. The manufacturer has a duty to warn of any known dangers of using a product. There is also a duty to warn of any dangers the manufacturer could have anticipated if the product were misused. This article discusses products liability lawsuits based on warning defect claims.

Power Window Accidents

Because deaths from power window accidents are relatively rare, car manufacturers argue that the cost using the more expensive switches is not justified by the small number of deaths and injuries. Further, they claim that parents and caregivers are ultimately responsible for supervising their children in cars. Consumer safety groups argue that because the injuries and deaths are readily preventable, the change should be made even if the impact is not broad. Further, they claim that children can be injured even with parental supervision.

Household Refrigerator Safety Act

The headlines are too familiar and too tragic: "Children, 4 and 7, Found in Old Refrigerator, Dead From Suffocation." The Household Refrigerator Safety Act (Act) was passed to prevent children from becoming trapped inside refrigerators and suffocating to death.

Possible Defendants in Product Liability Actions

Product liability laws protect consumers from unsafe products. What happens if a consumer doesn't know who manufactures the product? Can anyone else be held liable? What about sellers, resellers, assemblers, and manufacturers of component parts? Can anyone in the product chain from conception to purchase be held liable for a product's defects? Can anyone in the product chain be held liable for all of the damages of an injured consumer?

Intermediaries' Liability for Distributing Drugs and Medical Devices

As a general rule, intermediaries (retailers, distributors, or wholesalers involved in distributing drugs and medical devices) have the same liability for a drug or medical device as the drug company that manufactured the product. Intermediaries that merely distribute the product can generally avoid liability, but distributors whose only activity involved unwrapping and rewrapping the products for sale to the retailer have been held liable. Some states have laws that prevent non-manufacturers from being held liable for injuries caused by defective products.