Products Liability

A manufacturer, distributor, or retailer is liable in tort if a defect in the manufacture or design of its product causes injury while the product is being used in a reasonably foreseeable way.

A manufacturer who fails to exercise reasonable care in the manufacture of a product which, unless carefully made, he should recognize as involving an unreasonable risk of causing physical harm to those who use it for a purpose for which the manufacturer should expect it to be used and to those whom he should expect to be endangered by its probable use, is subject to liability for physical harm caused to them by its lawful use in a manner and for a purpose for which it is supplied.

In general, these types of claims arise commonly where the seller of a dangerous product has failed to warn the consumer of the potential for harm. For example, where a pressure cooker or similarly dangerous kitchen appliance does not include a warning to the consumer about the potential for explosion or fire, there may liability if such an event occurs and causes harm. Sometimes, a potentially dangerous characteristic of the product is not readily apparent to the user, and this is where the law may well find responsibility on the part of the manufacturer/seller.

If you believe you were injured by a defective product, please call Mr. Ralph for a free consultation.