Hundley & Johnson, P.C. has handled product liability cases of all kinds and has fought against some of the largest national and international corporations. Product Liability is the area of the law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for injuries those products cause.
The claims that are most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. Most product liability laws are determined by statute and are set forth by decisions of the Courts. Each type of product liability claim requires different elements to be proven to present a successful claim.
The three major types of product liability claims are manufacturing defects, design defects, and failure to warn. Manufacturing defects are those that occur in the manufacturing process and usually involve poor-quality materials or shoddy workmanship. Design defects occur where the product design is inherently dangerous or useless (i.e. defective), no matter how carefully manufactured. This occurs if the product fails to meet ordinary consumer expectations as to what constitutes a safe product or if the risks of the product far outweigh its benefits. Failure to warn defects arise in products that carry inherently nonobvious dangers which could be mitigated through adequate warnings to the user, and these dangers are present regardless of how well the product is manufactured and designed for its intended purpose.