Defective products can cause injury to consumers. If you have been injured by a defective kitchen appliance or electric- or gas-powered tool, for example, you may have the right to receive damages from the manufacturer, retailer and/ or the distributor. Products liability law can be complicated and liability may be shared by multiple entities. The Johnson & Monteleone, L.L.P. products liability attorneys are experienced with Idaho products liability law. We can help determine if you have a products liability case and, if you do, can represent you in negotiations or litigation.
Several types of defects can result in legal products liability:
•Design defects: This is when the design of a product makes it unsafe, resulting in harm to the consumer and causing legal liability on the part of the manufacturer. An indication that a product's design is defective is when many purchasers of the product experience similar product failure or injury.
•Manufacturing defects: A product may be properly designed, but if it is manufactured incorrectly and the manufacturing defect injures a consumer, the manufacturer may be legally liable.
•Marketing defects: This can occur when a product is advertised and marketed for a use for which it was not designed. Such a marketing defect may result in a consumer using the product in a way it was not intended, resulting in an injury to the consumer. In this type of case, the retailer and advertising company, and possibly the manufacturer, may have legal liability.
The manufacturer should provide written warnings in the instructions or attached to the product itself warning of the dangers of potential improper use. For example, a ladder manufacturer must provide a label specifying the maximum weight the ladder can bear. The manufacturer of an electric appliance may need to specify not to immerse the appliance in water. The absence of such a warning may be negligent on the part of the manufacturer.
Manufacturers recall products that they have learned may be defective and possibly harm consumers. The manufacturers must make reasonable efforts to inform all purchasers of the recall, and must repair or replace the product at their own expense. The recall may not absolve the company of liability.
The Boise injury attorneys of Johnson & Monteleone, L.L.P. are experienced with Idaho products liability law. We can discuss your situation and help determine if you have a products liability case, and we can aggressively pursue that case.