Product Liability Suit

A product liability suit involves injury caused by a defective product. A defective product is one that is not reasonably safe for its intended use. An intended use of a product includes all those uses a reasonably prudent person might make of the product, bearing in mind its characteristics, warnings and labels.

A product liability suit falls into one of three categories:

• A design defect (the product was manufactured as intended but it was inherently unsafe),
• A manufacturing defect (the design of the product was adequate but this particular product was not made correctly), and
• A failure to warn or instruct (the instructions for and warnings about use of the product were inadequate).

When individuals are harmed by an unsafe product, they may have a cause of action against the persons who designed, manufactured, sold or furnished that product. Shook, Hardy & Bacon L.L.P. (SHB) represents the company sued in a product liability suit. That company may be the manufacturer of the defective product, the wholesaler or distributor of the product and often the retailer of the product.

The phrase “caveat emptor”--Latin for “let the buyer beware"--no longer applies in a product liability suit. The law has changed to “strict liability” for manufacturing defects that make a product unreasonably dangerous. SHB tort lawyers frequently advise companies on liability issues before suit is filed to limit the risk of future exposure. These attorneys work closely with in-house counsel to anticipate legal sea-changes and ensure compliance with evolving state, national and international regulations. Businesses have sought tort reform from state legislatures and Congress in hopes of reducing damage awards that sometimes reach millions of dollars. Always with our clients in mind, we are active at various levels of tort reform.

If you are facing a product liability suit, consult with SHB, the pre-eminent product liability litigation team in the industry. Contact us today!