A dangerous or defective product is one that causes a physical injury or illness to a person as a result of a defect in the product, or false labeling or advertising. Products that could be dangerous or defective that you use, drink, or take include:
- Household cleaners and cleaning products
- Car tires
- Office products
- Industrial machines
- Health and beauty aids
- Feminine hygiene products
- Medical appliances or devices
- Prescription drugs
- Everyday over-the-counter medications that are considered household brands.
The designer, manufacturer, distributor and seller of the products that caused your injury may be held responsible for injuries and illnesses caused by dangerous or defective products.
Four main legal theories form the basis of a product liability claim or suit:
- Manufacturing defect cases where the injury was caused by a defect in the manufacture of a product, for example if a propane tank explodes because its valve was improperly assembled
- Design defect cases involving accidents where an injury is caused by a poor design, such as an industrial machine manufactured without proper guards to protect the worker using it
- Failure to warn/improper labeling claims including household appliances and other equipment sold without proper labels that warn about the correct way to use the product to avoid injury. This also includes over-the counter drugs which have labels that do not warn about possible bad side effects if taken with other medications.
- Breach of warranty claims involving a product that fails to perform according to its warranty—regardless of whether the warranty is express or implied.
How much responsibility do companies have in making sure their products for sale are safe to use?
The Pennsylvania law of strict product liability states that a manufacturer or supplier of a product must guarantee the product’s safety. Either of these parties may be held responsible for any defects in their products that resulted in harm to another person.