Defective Products and Recalls causing Personal Injury

Washington, DC: While there have been no injuries cited, the potential for personal injury from a collection of defective products sold by OKK Trading of Commerce, California might have been enormous. This month the company agreed to pay a civil penalty in the amount of $665,000 for failure to comply with the long-standing federal ban on lead paint in toys, together with violations of other federal child safety standards. The fine was the result of defective products personal injury investigations conducted by the US Consumer Products Safety Commission (CPSC). [ Read More ]

Salem, OR: The personal injury suffered by four Lake Oswego teachers in 2004 has served to prompt state lawmakers to beef up a defective products personal injury statute in Oregon, further shielding Oregon citizens from defective products and providing a few more tools to the defective products attorney. [ Read More ]

Tampa, FL: Even though the Chinese drywall debacle is centered largely in Florida, the legal eagles involved in several China drywall class action lawsuits will be heading to the Big Easy in order to litigate Chinese drywall problems. [ Read More ]

There are four legal means for establishing liability in personal injury cases where a defective product has caused injury:

• Negligence occurs when expected, reasonable care is not taken and a legal responsibility exists to do so. The lack of care can be the result of carelessness or even malice. Negligence can occur when defective parts or improper assembly results in a dangerous or malfunctioning product.


• Breach of warranty takes place when a seller fails to uphold a claim or promise about a product.


• False advertising that leads consumers to believe a product is safer than it really is, or distracts them from potential risks inherent in the use of a product, can be argued as misrepresentations under breach of warranty or under strict liability.


• "Strict liability" makes the manufacturer or seller of a defective product responsible for all injuries occurring from the use of the product. The victim must show that the product was defective, and that the defect was the cause of the personal injury. If so proven, then strict liability holds the manufacturer or seller responsible, regardless of fault or intent. "Strict liability" means everyone involved in the making of a consumer product is potentially liable for any personal injury that results from using the product.
  
  

Product liability cases usually involve products such as toys, automobile design, household products, industrial machinery and equipment, farm machinery, products causing explosions and burns, aviation products, medical devices or drugs and any other defective or unreasonably dangerous product.



A "defective product" is one that causes some injury or damage to person because of some defect in the product or its labeling or the way the product was used. The manufacturer, and others involved in the chain of commerce involving the products that caused the injury, are often liable for injuries defective products cause.

"Product liability" include cases such as a mislabeled product that causes injury, an improperly tested drug, vehicles with defective designs such as SUV rollovers, etc.