Companies that design or manufacture faulty products cause numerous injuries and deaths every year.
Every day the average person will interact and encounter 100s to 1000s of consumer products. We expect these products to be safe for use and consumption. Products can suffer from:
- Design defects
- Manufacturing defects
- Lack of proper warnings
All three of these failures can result in catastrophic injuries to the consumer, including wrongful death.
A defect in the design of a product is one that exists before the product is manufactured. Design defects can occur when a company does not account for dangers of the product or add proper safety controls.
Some design defects occur when a company cuts corners to save money. These defective designs can include:
- Toys that are choking hazards
- Automobiles that may explode when rear ended or roll over when taking a turn
- Automobiles where the ignition switch may shut off the engine and airbags when the car is in motion
- Unstable structures or furniture that collapse or tip over
- Products that are unduly flammable or prone to melting - especially if heat is an essential function of the product like an electric blanket
A manufacturing defect is one in which there is a problem with the production of the product. Typically, the product itself was designed properly, but there was a problem in the manufacturing process that led to an unsafe product.
Examples of manufacturing defects include:
- Products with incorrectly attached parts like automobiles and their components
- Products with incorrectly installed electrical parts that can lead to shock
- Products that use the wrong bolts or fasteners that end up coming loose or breaking
- Products that use outdated or improper parts that have expired or have not retained their strength
When you have suffered a personal injury from a defective product, you may pursue a product liability case. Oklahoma law allows for the recovery of the following damages in product liability cases:
- Physical pain and suffering, past and future
- Lost wages
- Medical bills, past and future
- Mental pain and suffering, past and future.
- Lost earning capacity
A failure to warn involves a product that does not have adequate warnings, labels, or instructions. Common examples of failure to warn cases include:
- Medications with side effects that are not disclosed
- Medical equipment that are not safe because of age, weight or other circumstances
Under Oklahoma law, a party claiming damages from a defective product has the burden of proving each of the following:
- A party manufactured, sold, or leased the defective product
- A party was in the business of manufacturing selling or leasing such products
- The product was defective and because of the defect, the product was unreasonably dangerous to a person or to the property of a person who uses, consumes, or might be reasonably expected to be affected by the product
- The product was defective at the time it was manufactured, sold, or leased by the party or left the party’s control
- The person injured was a person who used, consumed, or could have reasonably been affected by the product
- The injuries sustained by the person were directly caused by the defect in the product
See Oklahoma Uniform Jury Instruction 12.1; see also Dutsch v. Sea Ray Boats, Inc., 845 P.2d 187 (Okla. 1992).
When you are injured because of a defective product, you may want to consider a product liability claim. Determining what went wrong with the product, whether it was in the design phase, testing phase, or manufacturing phase, along with the potential parties and individuals, is fact and time intensive and requires immediate investigation.
Responsible parties can include:
- The company that produced the product
- The company that designed the product
- The company that tested the product
- The company that manufactured the product
- The company that sold the product
- In some instances, you may sue the owner of the product if the owner was negligent in using the product
Examples of defective products can include:
- Appliances
- Food
- Vehicles
- Tires
- Medication
- Planes, helicopters and other aircraft
- Furniture
- Medical devices
- Gym equipment
- Agricultural equipment
- Lawn products
- Lawn equipment
- Manufacturing machines
- Health and beauty products
The product liability lawyers at Toon Law Firm have extensive experience in pursuing products liability claims and have recovered millions of dollars for clients who have been injured. Contact us at 918.477.7884 for a free consultation.
Toon Law Firm is the law firm with you in mind. Yes, we can help.
