Increased global trade where products are manufactured in countries with less stringent safety standards has resulted in an increase of potentially defective products being imported to the United States. Products manufactured within the United States can also contain dangerous defects due to mistakes in the design process or in the manufacturing process. While no one wants to be injured by a product that they purchased at a major retailer, small store, or online the good news is that the law recognizes that profits should not be put before the safety of Arkansans and Americans. Ken Kieklak, Attorney at Law can fight for compensation for you if you have suffered a serious injury or if a loved one has been wrongfully killed.
What Types of Products Can Cause a Product Liability Suit?
Any consumer product that enters into the stream of commerce can potentially be considered a product liability suit risk. However, for there to be a viable liability suit there must be a product defect and an injury must occur as a result of that defect. Some products that are commonly involved in product recalls due to defects can include:
- Clothing – The materials may contain skin irritants or they may be mislabeled such as allegedly flame-retardant children’s pajamas that are actually flammable.
- Children’s toys – the toys may contain small parts that are not age appropriate or they may be contaminated with lead or other hazardous chemicals.
- Defective cars, trucks, and SUVs – Defects in a motor vehicle can be extremely varied. Infamous automobile defects have included the fuel tank placement in the Ford Pinto, the General Motors ignition switch defect, and the Toyota unintended acceleration defect. Unfortunately many other defects are found each and every year.
- Defective appliances – Appliances purchased for the household can also have a broad array of issues. They can be designed for the incorrect voltage or have other defects which make them unreasonably dangerous.
Product defects can arise in a vast amount of circumstances in nearly every product that is available.
What Can I Do if I’ve Been Injured by a Product in Bella Vista?
When the defect is with the product itself, there are generally two types of defects that can exist: a manufacturing defect or a design defect. A manufacturing defect is one where the product is not produced according to design. That is, a mistake in the manufacturing process introduces an unintended change to the product that makes it unreasonably dangerous. In contrast, a design defect occurs when a product is manufactured exactly according to specifications, but the design itself was the source of the defective condition.
Other types of product liability suits can include failure to warn claims and over warning claims. Both of these defect types are sometimes called marketing defects because the defect is in the product’s marketing rather than with the product itself. Failure to warn claim arise when a foreseeable risk is not warned against. One exception is that risks that are obvious do not have to be warned against. Over warning claims can arise when warnings are so numerous they dilute the value of real risks so that they are disregarded.
Contact a Bella Vista, Arkansas Defective Product Injury Lawyer
If you or a loved one have suffered a serious injury due to a manufacturing defect, design defect, or marketing defect, contact Ken Kieklak, Attorney at Law by calling (479) 316-0438 or contact us online.