Consumers purchase products with the expectation that the product will be safe. Unfortunately, problems ranging from small malfunctions to major defects happen all too often. Product liability is the legal responsibility of a manufacturer, distributor, and seller for the harm caused by the production and sale of a defective or dangerous product.
There are three types of product liability under Delaware law: defective design, defective manufacturing, and breach of warranties. Defective design is defined as manufacturers not designing a product in a way that minimizes all foreseeable risks associated with the product being used in its anticipated environment. Defective manufacturing is defined as a product that was put together in a way that did not follow the intended design; resulting in an unintended danger for users. Breach of warranties occurs when the manufacturer or seller explicitly or implicitly guarantees some aspect of the product, such as quality, uses, safety, and performance, and those guarantees are breached.
In a product liability case, a plaintiff must prove that the manufacturer created the product negligently resulting in a defect and that defect caused injury. The manufacturer is negligent if it does not use reasonable care, skill, and diligence in creating and assembling a product. The standard of care refers to what other manufacturers would do in the same or a similar situation. However, industry standards or governmental regulations are not always an indicator of the proper standard of care.
The plaintiff must then show that the design, manufacturing defect, or breach of warranty was a direct cause of his or her injury. Even when the defect caused the injury, the plaintiff may not be successful if he or she were aware of the defect or used the product improperly.
Product liability litigation is complicated and expensive. The lawyers at Dalton and Associates know how to identify the proper defendants, obtain internal company documents and evidence, and procure the best experts in design, manufacturing, product safety warnings, and human factors. Hiring attorneys with knowledge and experience in this area is critical.
The lawyers of Dalton and Associates, P.A. have many decades of experience and success in product liability litigation. Dalton and Associates, P.A. has represented consumers who have been seriously injured or killed by defective products including:
- Talcum Powder;
- Defective Pharmaceuticals;
- Defective Sports Drinks;
- Defective Batteries and Electronics;
- Defective Pelvis Mesh Implants;
- Defective Hip Implants;
- Defective Automobile Parts