Product Liability
American citizens rely on product designers and manufacturers to ensure the items they use daily are safe. The amount of trust people have in these manufacturers/designers is so immense that most don’t even think twice when they’re using products. As consumers believe these items are free of design or manufacturing defects. Unfortunately, this isn’t always the case and if a design or manufacturing flaw results in injury it can yield a product liability case.
Products with manufacturing or design defects pose a serious threat to American society. A product damaged in manufacturing or exhibiting a major design issue could lead to serious injury and in some cases wrongful death. In fact, the Insurance Information Institute (III) stated in 2017 product liability was the most common type of claim filed that year.
If you were injured due to a product’s manufacturing or design defect, you may be entitled to a monetary award for all your losses. Contact an experienced Iowa product liability attorney for more information as these cases tend to be extremely complicated and require thorough knowledge of state and federal manufacturing/design laws.
Des Moines Product Liability Lawyer, IA| Manufacturing & Design Defects
Products on the market should enrich your life, not cause harm or even wrongful death. If you were injured due to a defective product, call McCarthy & Hamrock, P.C.. Gregory Landry is a skilled product liability Iowa lawyer with over three decades worth of experience. He can thoroughly assess your case and injuries to see if you’re eligible for a monetary award based on your damages.
Set up your first consultation with a seasoned Iowa personal injury lawyer today by calling our offices at (515) 279-9700. McCarthy & Hamrock, P.C. can be found in West Des Moines, but we accept clients throughout the greater Dallas County and Polk County area including Elkhart, Des Moines, Ankeny, Altoona, Pleasant Hill, Perry, and Dexter.
Information Center:
- What is Strict Product Liability?
- Types of Product Claims
- Product Liability Lawsuit Examples
- Additional Resources
What is Strict Product Liability?
Product liability cases occur when an item or product has a manufacturing or design flaw that ultimately results in another’s injury. Plaintiffs can recover from a product liability case on the grounds of either negligence or strict liability. A product liability case filed on the grounds of negligence is when a person or entity fails to exercise a duty of care when another reasonable and competent person or entity in that situation would.
To receive a settlement on the grounds of negligence, the plaintiff will have to prove the defendant did not exercise their duty of care when designing or manufacturing this product. For a product liability case this can be especially difficult. The reason for this is that, for most products, there are hundreds of people involved in the design and/or manufacture of the item.
Product liability can also be filed on the grounds of strict liability. In a strict liability case, the plaintiff does not have to prove negligence. Instead, they must prove the following:
- The defendant sold a dangerous or defective product
- The product was intended to reach a consumer while it’s in a dangerous/defective state
- The plaintiff sustained an injury and suffered hardship because of the product
If the plaintiff is able to prove the elements above, then the court will grant them a monetary award for their damages. The award may include both economic and non-economic damages such as lost wages as well as pain and suffering.
Types of Product Claims
The different types of product liability claims are classified based on the flaw the item exhibits whether it’s in the product’s manufacturing, design or marketing. Before you attempt to file a claim, it’s important you classify what type of defect your product had before you take additional legal action.
- Design Defects – Any error in the original product’s blueprint is a design defect. If an item or product has a design issue, then there’s a possibility of injury or even wrongful death. It’s important to understand that most design defects are not unintentional errors. They exist because the designer of the product chose a design that’s more dangerous over an alternative one because it may be cheaper to manufacture.
- Examples: Structurally unstable products that can easily topple over
- Manufacturing Defects – If an error occurs while the product is being made, then it’s considered a manufacturing issue. Usually, a manufacturing defect occurs because of an issue with equipment, inadequately trained staff, or human error.
- Examples: EpiPens that don’t inject or tires with unsealed treads
- Marketing Defects – Manufacturers are required provide adequate warnings and/or instructions for their products based on state and federal regulations. Failure to do so is known as a marketing defect and it could also lead to injury or wrongful death.
- Examples: Certain cleaning products that are not to be mixed with specific chemicals should have explicit warnings on the item
Product Liability Lawsuit Examples
Defective or poorly manufactured products can result in serious life altering injuries. In some cases, victims of defective products aren’t even aware the item was what harmed them until later on. This scenario is more common for cases involving prescription drugs or medical devices. The following are some common examples of product liability.
- Medical equipment that’s defective and produces skewed results
- Badly designed toys for children that result in injury
- Dangerous prescription drugs without proper instructions
- Unsafe rail systems on hospital beds that result in crushed limbs
- Contaminated or improperly handled food
- Defective or faulty automobile parts that can result in a serious accident
- Poorly designed pools that result in drowning accidents
Additional Resources
Injury Statistics for Products | CPSC — Visit the official website for the United States Consumer Product Safety Commission (CPSC) to find injury statistics and technical reports for any type of product or hazard. Access the site to view their data, compare reports, and learn more about the information quality act.
Product Liability Laws | University of Iowa – Visit the official website for the University of Iowa Lichtenberger Engineering Library to read the federal and State statutes governing product liability. Access the site to read the various laws pertaining to product liability under the United States Code and the Iowa Code.
Product Liability Iowa Lawyer | Des Moines Personal Injury Attorney
We trust manufacturers and sellers to check all the boxes when it comes to their product’s safety. If a product has not gone through the necessary trials or is poorly made, then it could lead to injury or even wrongful death. If you believe you may be a victim of a defective product, call Gregory Landry from McCarthy & Hamrock, P.C..
Seasoned and skilled Iowa product liability lawyer Gregory Landry has spent over three decades representing and litigating on behalf of injured victims. He understands the complex laws and regulations behind product manufacturing and design, which he can utilize to build your case. Call McCarthy & Hamrock, P.C. today to set up your first consultation in West Des Moines. We also accept clients throughout the greater Des Moines, Polk County, and Dallas County area.