Product liability litigation involves claims raised by a person or business as a result of using an allegedly defective product. Personal injury claims arise when a person has been injured by a defective or unsafe product, while business loss claims can occur from use of a defective product that causes property damage or a business interruption.
A manufacturer or seller of a product has the duty to make or sell a product that is reasonably safe, fit, suitable, and safe for its intended or reasonably foreseeable uses. A manufacturer or seller owes a duty to direct users, reasonably foreseeable users, and individuals who may reasonably be expected to come into contact with a product. Causes of action include manufacturing defects, failure to adequately warn or instruct, or design defects.
A manufacturing defect may be established by proving that, as a result of a defect or flaw that occurred during production of the product or while the product was in the manufacturer’s control, the product was unsafe, and was a substantial factor in causing an accident or injury. In failure to warn cases, if a product fails to contain adequate warnings or instructions, it is defective; the manufacturer or seller of a product has a duty to provide adequate warnings or instructions about the dangers the product may present. A design defect may include a product that is not properly designed for its intended or foreseeable use.
At Earp Cohn P.C., our attorneys have handled a wide variety of product liability cases, representing individuals as well as businesses involved in such claims, and advising businesses about potential risks in the future. We vigorously defend our clients in the courtroom, but also work towards alternative solutions to resolve disputes before they go to trial when doing so would be in our clients’ best interest.