
Consumers have a right to expect that the products they purchase and use are safe and competently manufactured. From medical devices to car tires, we all put our trust in manufacturers many times each day. When the failure of a product causes serious injury or death, manufacturers should be held accountable, both in compensatory damages to reimburse the costs of the injury; and in punitive damages to make it clear that the costs of negligence outweigh the cost of careful design and reasonable manufacturing safeguards. Product liability laws vary by state, but generally there are three basic legal foundations for a successful product liability claim.
Design defect – a flaw inherent in the product which contributes to the injury.
Manufacturing defect – a flaw in the product not inherent but caused by improper manufacture or inspection.
Failure to warn – responsibility rests with manufacturers to provide warning for known hazards of using its products.