Unsafe products can be found anywhere-at home, at work, at play, and throughout the community. Thousands of innocent people are injured, maimed, or killed each year by defective products. If you or family members are injured by defective or unsafe product, secure the product, and all its parts. Do not give it to anyone. If you purchased the item, try to locate any receipts or proof of purchase. Record the name of the manufacturer, model, and serial number. Keep any packaging or instructions. It is critical that the product be safely preserved and maintained. Importantly, the law imposes various duties and responsibilities on businesses who manufacture, sell, or otherwise take part in distribution of products.  

If you believe you, a love one, or a friend have suffered an injury due to an unsafe or defective product you may have a valid injury claim and be entitled to compensation. Legal claims involving products may involve complex legal, medical and technical issues. The following are a few important legal, factual and evidentiary matters that should be considered when evaluating a claim.

• Did you or someone else securely keep the product, including all parts, or pieces?

• Do you know the name of the product’s manufacturer, model, and serial number?  

• Do you know if the product is the subject of a product recall?

• Do you have the packaging material, warnings, box, instructions or other materials that came with purchase of the product?

• Do you have any proof of purchase such as receipts, charge card information, or cancelled checks?

• Have you obtained appropriate medical care?

• Have you taken pictures or videos of your injuries, the location of the accident, and the product?

• Do you have the names and addresses for all witnesses, doctors and hospitals providing medical treatment?

• Do you have a written warranty, promise or guarantee regarding the product?

• Do you have any witnesses regarding the circumstances of purchase of the product?

• Do you know all the names of any person or business that took part in the designing, manufacturing, production, inspection, marketing, or distribution of the product?

• When and where did the accident take place, and what are the possible jurisdictions to bring a legal action?

• What are the statute of limitations for the proper jurisdictions?

Depending on the state or jurisdiction involved, the law may impose the following duties on the manufacturer, distributor, seller, or others involved in placing a defective product in the stream of commerce.

Implied Warranties

When a seller knows, or should know, that the product he is selling is to be used for a particular purpose and that the buyer is relying on the seller's skill or judgment in selecting or furnishing a product suitable for that purpose, then the seller creates an implied warranty that the product will be fit for that particular purpose. In deciding whether the seller should have known that the buyer was relying on the seller's skill or judgment, consideration is given to all the facts surrounding the sale, including in part, whether the buyer had any control over the selection of the product; whether the buyer insisted on a particular brand or product; or whether the buyer gave detailed and complete specifications for the product. Also, there is an implied warranty by a seller that his product will be fit for the purposes for which it is ordinarily used, and an implied warranty by the seller that his product is contained, packaged and labeled as adequately as the agreement may require.

Some products may be safe for use by most people and yet harmful to others. If the product contains an ingredient that is harmful to an identifiable or substantial class of users, and if the manufacturer reasonably could foresee that danger, the product is unmerchantable unless the manufacturer gave an adequate warning of the danger. For example, this may include a known class of users that are allergic to a particular product. In addition, at common law, when a person offers food or beverage for sale to the public, he warrants that the food or beverage is free of foreign substances and fit for human consumption. But if there has been an examination of the product by the buyer before purchase and the unfitness or unwholesomeness becomes known to the buyer or is visible or obvious, there is no implied warranty of fitness. In addition, an injured person may not be able to recover for breach of a warranty if they misused the product or used it in a way not reasonably foreseeable by the manufacturer or seller.

Expressed Warrantee

When a seller makes a statement, either orally or in writing, which relates to the goods and becomes a part of the basis of the bargain, he creates an express warranty that the product will conform to his statement. An express warranty may be contained in or be the result from advertising  of the product The purchaser or user may be required to prove that he or she gave notice to the seller of the claimed breach of warranty within a reasonable time after he discovered, or should have discovered.

Manufacturer's Duty: Design and Construction

A manufacturer has a duty to use ordinary care to design, manufacture, and construct a product that will be reasonably safe for its intended purpose and for any other reasonably foreseeable purpose. If a manufacturer fails to perform this duty, then it is negligent.

Manufacturer's and Seller's Duty to Warn: General

When a manufacturer, seller, distributor knows, or by the use of ordinary care has a reason to know, that its product is potentially dangerous, and that this danger is not obvious or readily discoverable by the buyer, and that injury reasonably could be anticipated, then they have a duty to give an adequate warning of this danger. In determining whether the warning given was adequate consideration given to if the warning could be expected to catch the attention of a reasonable person; whether the warning could be understood by a reasonable person; and whether the warning gave a reasonable indication of the nature and extent of the potential danger. In addition, a drug manufacturer of a prescription drug or medication has the duty to warn the prescribing physician about the possible dangers to patients who use the drug or medication. This is to enable the physician to give an adequate warning of the dangers to this patient. If, however, a drug manufacturer warns against a particular use of the drug or medication, it need not explain exactly how improper use might affect the patient.

Manufacturer's Duty: Inspect or Test

A manufacturer has a duty to make inspections or tests that are reasonably necessary to see that his product is safe for its intended use and for any other reasonably foreseeable purpose.

Seller's Duty: Inspect or Test

If the seller knows, or by using ordinary care has a reason to know, that a product is likely to be dangerous if defective, he has a duty to make inspections or tests that are reasonably necessary to see that the product is safe for its intended purpose, or for any other reasonably foreseeable use.

Strict Liability

Some jurisdictions provide that a manufacturer has an absolute duty to make a particular product or class of products safe to foreseeable users.

It is important that an experienced legal team evaluate a unsafe or defective product claim. Complex legal, factual, and evidentiary issues may be involved. If you, a friend, or loved have sustained an injury, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, and do not sign anything. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to your claim. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using the following Personal Injury Contact form. Also, be sure to read about the latest PRODUCT RECALLS. We are committed to doing the extra things it takes to help our clients.