Defective Product Injuries Increase Nationwide
More than 20 million people received treatment at emergency rooms in 2019 for injuries suffered from a defective product. The National Safety Council reported that the highest number of injuries occurred in homes such as on stairways and floors.
Accidents happened due to home furnishings in the millions, more than 300,000 occurred due to workshop equipment and household appliances accounted for around 162,000. However, there is a difference between an unsafe product and one that is defective, which we explore below.
What Is an Unsafe Product?
Unsafe or dangerous products can range from common household items such as sporting goods and exercise equipment to plastic bags and the mattress on your bed. This is why so many products come with warning labels. This manufacturer’s requirement is to ensure that their products are used as intended and not in a way that could be dangerous.
In some cases, product removal from the market was not because they were defective but because consumers used them unwisely, causing injuries and fatalities. One of the recalled and discontinued products was lawn darts because of numerous injuries involving children.
Some Items Are Inherently Unsafe
Anyone who owns a bicycle knows that they risk an injury when they ride if they hit a pothole or batch of wet leaves. ATVs are notorious for the high number of injuries riders suffer because riding out over rough or hilly ground causes them to overturn. That does not mean they are defective products.
Trampolines, skateboards, ladders, garden tools and swimming pools are all inherently unsafe, just to mention a few. However, in many products, it isn’t possible to remove all the danger. It is the consumer’s responsibility to use a product safely.
Defective products are those with flaws in them that increase the danger of injury to a consumer. If that defect wasn’t present, the danger would no longer exist. Several of the most familiar recalls of defective products include:
- Gas pedals that stuck: Toyota recalled 4.1 million vehicles in 2010 because a faulty gas pedal made their vehicles accelerate without any warning.
- A smartphone that caught on fire: Samsung recalled their Galaxy Note 7 in 2016 because of batteries that would overheat and catch fire.
- Defective drugs: Many drugs on the market are linked to long-term and deadly injury. An example would be the use of a common drug used to relieve GERD symptoms, Zantac.
- Medical devices: Some medical devices carry with them problems that can disrupt the life of someone who received them. When various hernia mesh implants are used in the repair of a hernia, major complications, including organ perforation can occur.
Proof a Product Is Defective
In proving that a product is defective, it must be shown:
- The product was used as intended.
- Despite being used for the purpose for which it was intended, the product caused an injury.
- The accident was due to a flaw in the design, manufacturing process or inadequate labeling, safety warnings or instructions.
- Correction of the defect would have made the product safer.
- The plaintiff in the case suffered an injury because of the defect in the product.
The Olinde Law Firm
If you or a family member has been harmed by a defective device, you need the legal insight an attorney can provide. Turn to the Olinde Law Firm for compassionate and aggressive help. We have the experience, resources and determination to see your case to a successful completion. Call us at (504) 587-1440 or at (800) 587-1889 to schedule a free case review. You can also contact us online. We will fight for your rights and work hard to ensure that you receive the compensation you deserve.