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What Qualifies a Product to Be Considered Defective?



Defective products are usually those that are poorly designed or manufactured or that lack adequate instructions and labeling in packaging of either risks of potential harm from usage, or proper instructions on how to safely use them. Then, as a result of these defects, products injured users or third parties. Often, consumers or parties injured by defective or dangerous products require medical treatment for damage or harm caused to them. Accordingly, one of the goals of product liability litigation for defective or dangerous products is to obtain compensation or reimbursement for payment of medical expenses associated with injuries caused by defective products. This reimbursement or compensation process occurs concurrently with progression of a product liability claim or litigation.

What Are Some Examples of Dangerous or Defective Products?

Practically any product manufactured and man-made can become defective or possess defective component parts. Thus, the range of sample products that have been found to be defective or dangerous is quite vast. For this reason, no list can be entirely comprehensive or exhaustive. That said, product liability counsel have observed a high number of claims and lawsuits concerning defects or dangers in the following categories:

  • lawnmowers
  • strollers
  • playpens and play yards
  • ladders
  • prescription drugs, especially diet pills
  • medical devices and products
  • inflatable swimming pools and pool toys
  • air conditioning units
  • fans
  • small household appliances
  • household equipment
  • tires
  • insulation
  • airbags
  • seatbelts
  • all terrain vehicles (ATVs)
  • recreational vehicles (RVs)

What Services Do Defective and Dangerous Product Liability Attorneys Offer Clients?

It is difficult, if not impossible, to draw generalizations about the services of legal counsel. That said, product liability counsel practicing in the area of defective and dangerous products will often offer free initial consultations with prospective clients to discuss their claims, potential recoveries, and next steps. Many of these counsel offer fee structures that are based on a contingency fee, which means the client will pay no attorneys' fees unless he or she recovers compensation. Legal costs for items such as postage, faxes, copies, and the like are probably still the financial responsibility of the client, however. Counsel will likely perform an assessment on the probability of succeeding in litigation for prospective clients, as well as what outcomes can be anticipated in settlement talks. Product liability attorney will also assist injured clients in obtaining necessary medical care for the harm clients suffer from dangerous or defective products.