According to the Consumer Product Safety Commission, defective products cause thousands of serious injuries and deaths to consumers. "Product liability" is a legal theory in which a consumer may recover for damages for injury to persons or property caused by a defective product. A product may be "defective" in a number of ways:
- A product may be made poorly.
- A product may function perfectly for its purpose but be designed in such a way that an injury occurs if it is used normally.
- A product may be safe if used carefully, but it may be considered defective if the manufacturer has failed to supply information on how to use it, or warnings about the consequences of certain kinds of use.
- A product may also be defective if there is a misrepresentation concerning the product resulting in injury.
A consumer may invoke a product liability lawsuit against any person or entity that participated in making or marketing a defective product or an entity that put such product into the stream of commerce. This may include, for instance, a manufacturer, distributor and a retailer of a product.
Aitken * Aitken * Cohn has the extensive experience and knowledge to aggressively and independently investigate the cause of an accident caused by a defective product. Our office capitalizes on the insight and expertise of the best known legal experts in the industry. Whether by trial or settlement, the firm has obtained outstanding results in various different types of product cases.
Representative products liability actions handled by this office include:
An action by a 26 year old water well driller whose arm was amputated and was rendered quadriplegic due to the defective design of a "kelly", the spinning part of a rig which powers the drilling mechanism. Please see: Failure To Supervise Contractor Leads To Catastrophic Injury.
An action by an aerospace executive who was severely burned while using his barbecue on the Fourth of July. Through aggressive investigation, it was determined that his cylinders were overfilled by his local gas station. In addition, it was determined that the cylinder company had explicit knowledge of several overfilling accidents yet failed to alter its warnings. Please see: V.P. of Aerospace Co. Suffers 3rd Degree Burns From Overfilled Propane Cylinder.
The Disneyland accidents involving "the Sailing Ship Columbia" and "Big Thunder Mountain" were essentially defective product claims. The theory that rides at a theme park be in good working order and that the owner has a duty to keep their rides in good working order, can be traced back to the core of products liability. In the Columbia accident a metal cleat was riped from the ship and hurrdled into a crowd due to rotted wood and a nylon rope. While on Big Thunder Mountain the failure to install a safety wire created a chain of events resulting in the train to fall apart and crash.