Clark, Love & Hutson, GP

What is a defective product?

A defective product is one that has a defect in its design, manufacturer, distribution or sale. A product can be defective because it lacks necessary safety warnings, is unreasonably dangerous or causes harm with normal use. 

Examples of defective products

You may have read about a can of spray paint that exploded and blinded someone, or defective brakes in a car that caused a fatal accident or even deadly e-cigarettes. These are all examples of defective products.

Defective products and food poisoning

Most of us have had a bad experience with food at some point in our lives. We may not know if it was the potato salad at the church picnic, the week-old tuna sandwich from the back of the fridge or maybe even just our own unwashed hands that caused us temporary discomfort.

But food poisoning can cause more than just an upset stomach. Some food poisoning can lead to serious health problems and even death.

Food, especially when it is commercially prepared or sold - for example a brand of supermarket tuna or a national fast food restaurant chain- does fall under "product liability."

Food poisoning cases are very similar to defective product cases. The food (product) was sold to you and injured you when you consumed it (it was defective). Food poisoning can also fall under breach of warranty because you did not purchase and eat food that you expected to make you or your family sick.

Do you have a case?

Were you seriously injured or very ill after using a product or eating a food product? If it can be proven that the product was defective and that it caused your serious injury because it was not safe then you most likely have a case. An experienced product liability attorney can effectively assess your specific situation and advise you on the steps to take.

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