Serving clients in Fayetteville and all of NW Arkansas
Potential profits through the sale of a defective or dangerous product should never be put before the health and safety of the general public in Arkansas or anywhere in the nation and world. When we purchase a product over the internet, from a retail store, or through a catalog we expect the product to be safe for its intended uses and those other uses which are foreseeable. Unfortunately, in 2012 the Consumer Product Safety Commission completed 439 voluntary recalls. However this is not the full extent of product recalls in the United States. The CPSC also identified imported products that were defective from reasons ranging from lead in a children’s product to exceeding the phthalate permanent ban limit.
Under what circumstances can a product liability claim arise?
The circumstances where a products liability lawsuit can arise are extremely numerous and can affect any product that is sold or imported into the Unites States. A selection of consumer products where defects are not uncommon include:
- Dangerous children’s toys – Products that increase the likelihood of a baby or infant suffocating in a crib or a bassinet that the child can fall from would likely be considered to be defective products.
- Foreign substances contaminating food or drink – Foreign objects like metal, insects or chemicals can result in serious physical and psychological injuries.
- Defective motor vehicle – As a complex machine, the potential defects of an automobile and extremely numerous. GM has recently been handling a major ignition switch recall, but problems with the vehicle can exist in any of its systems including the engine, brakes, safety systems, fuel systems, and others.
- Defective household appliance – Household appliances like a washing machine, clothes dryer, or kitchen appliances can be defectively designed or manufactured.
- Contaminated cosmetics — Foreign substances like lead in lipsticks, toothpaste, hair gel and other personal products can result in exposure to hazardous chemicals or carcinogens.
As the preceding list makes clear, no product type is exempt from defects that can make the product unreasonably dangerous.
What types of product defects are there?
In general, when there is something physically wrong with a product or good it is due to one of two types of defects: manufacturing defects and design defects. A manufacturing defect occurs when the finished product does not comply with the blueprints or the manufacturing specifications. Another way to think about it is, if the product was manufactured properly, it would be safe for its intended purpose – it’s the actual manufacture of the item that introduces the problem. In contrast, a design defect occurs when there is a problem with the product’s design. That is, the product is manufactured exactly to specifications, but the mistake was in the design. This defect in the design makes the product unreasonably dangerous.
Contact Rogers, Arkansas Defective Product Injury Lawyer Ken Kieklak
Other types of product liability actions include failure to warn and over warning claims. Failure to warn claims are sometimes called marketing defect claims. Claims of this type occur when a foreseeable use of the product that was not warned against causes injury. However, if the risk is obvious, such that a lighter can start fires, a warning may not be required. The opposite legal concern is over-warning. Over warning occurs when warning against extremely remote risks confuses or dilutes the impact of legitimate warnings to a point where they are disregarded.
If you or a loved one have suffered a serious injury due to a defective product, contact the Law Practice of Ken Kieklak by calling (479) 251-7767 or contact us online.