Piering Law Firm
Practice Areas and Legal Definitions

Defective Products / Product Liability

If you are injured because of a defective product, the law gives you the right to bring a claim against the manufacturer and retailer of the product. This body of the law is known as product liability.

A product can be anything from an automobile, a chemical, a machine, a tool, motorcycle helmet, thermos, food or drink. To recover for a product that is defective, the defect must have caused the injury. Generally, a product can be defective in one of three (3) ways:

1. It can be manufactured improperly. (It breaks and causes an injury)

For example: if a chain broke because it wasn't forged correctly and then caused an injury, you would be able to file a claim against the manufacturer.

2. A product can also be defective because it has an improper design.

For example a product that does not have adequate guarding devices, could be considered defective. It could also be poorly engineered where the design is responsible for injury.

3. A product can be defective if it does not have adequate warnings.

Some products are unable to be equipped with guarding devices and in certain situations the law requires a warning. If the warning or caution is not considered an adequate or appropriate, then a product may be considered defective.

Proof of a defective product is complicated and usually requires a technical expert in the particular field to testify. If you are injured by a defective product, it is very important that the product be kept as evidence. If the product is too large and you cannot take control of it, then pictures must be taken as soon as possible to prove what the product was like at the time of your injury.

If you are injured, it is important to immediately contact a lawyer experienced in this area of law. Generally, most product liability cases must be brought within two years from the date of the injury. To have the best chance of winning your case, it is important to have the accident promptly investigated and the product examined by an expert while the evidence is fresh and witnesses still available.

Defects In Home Products/Appliances

Many people receive injuries as a result of household products that are manufactured with an unsafe design, faulty materials or faulty parts. These products can include exploding pop bottles, hammers or nails that fragment when used, children's toys, improper electrical wiring in a toaster, cigarette lighters, space heaters and a number of other ordinary household products.
If you have been seriously injured as a result of a defective product, you may have a case against the manufacturer -- if it can be proved that the product was unreasonably dangerous. Usually this proof is supplied by a technical expert, in a particular field, who will examine the product in question.

It is important to identify the responsible parties and any witnesses that may have seen the mishap. It is also important to preserve evidence. Most cases involving defective household products must be brought within four years of the date of the accident.

While there are exceptions to this general rule, it is important to have your case fully investigated as soon as possible. Delaying investigation on these types of cases may make it harder to prove there was a defect.

Contact the Piering Law Firm to schedule your free and confidential initial consultation. We are available to speak with you 24-hours a day, 7 days a week, with home and weekend appointments when necessary. All cases are handled on a contingent fee basis, meaning there is no legal fee charged until we recover for you.