Dangerous products can injure or kill the persons using the products. Some common problems include defective design where the product was not designed properly which allowed the injury to happen. Defective manufacturing is a situation where a well-designed product was poorly manufactured which caused it to be unreasonably dangerous. A failure to warn situation involves a functioning product that is dangerous in certain situations that the consumer would not anticipate unless being properly warned by the manufacturer. There are many theories of liability, so it is best to thoroughly examine any situation where a person has been injured or killed when a product fails.
A question that many victims ask is “If I was negligent, is the manufacturer or product seller off the hook on any liability?” Generally not. The products liability laws are designed so that people can depend and rely upon products being safe. Product manufacturers know that products will sometimes be misused, but they still sell the products and take the money. They have a duty to design the products for “foreseeable misuse”. As an example, assume that a person is driving down a road with a 40 mph speed limit. The person is driving 60 mph, loses control, and hits a tree head-on. The driver-side airbag did not deploy and the driver breaks his/her neck. If the facts show this was a situation where the airbag clearly should have deployed, the automobile manufacturer is not allowed to escape liability because the driver was 20 miles over the speed limit.
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