We've all heard about those 20-million-dollar lawsuits over spilled coffee and wondered, "How is that possible?" This is the extreme result of what is known as product liability law, a comparatively recent branch of the law designed to protect the rights of the consumer from dangerous manufacturing products. While some of these lawsuits seem frivolous, there was a time when you were basically on your own after getting injured by a product, even when you were entirely not at fault for said grievance.
Today, there are three basic types of product liability. The first, known as a manufacturing liability, results from shoddy construction or poor quality control. Getting expert testimonial on the proper construction of a product as opposed to the construction of the defective one is a common tactic in this type of case.
The second kind of product liability is known as a design defect. In cases attempting to establish design defects, they often point to flaws in the particular way a product was conceived. This is different from manufacturing liability because, no matter how impeccable the craftsmanship of a product is, if the design is poor, the product will be poor.
The form of product liability that is the most notorious is the "failure to warn" kind. When dealing with this kind of case, the plaintiff attempts to prove that designers or manufacturers knew about a potential danger associated with the product and neglected to inform the public about it. That's why you see so many warnings like, "Caution: Hot Beverage," or "Not For Human Consumption." That's manufacturers covering themselves so they don't get caught in a failure to warn.
Yes, it may be somewhat unfortunate that some lawsuit-happy people can successfully win decisions over a stapled finger, but it's an entirely acceptable side effect when you consider the other end of the spectrum. Imagine if nobody could sue manufacturers for making dangerous products. We'd be left with, say, dangerously untested drugs on the market, killing people left and right, with no sort of public recourse. Product liability is an incredibly important field of law, and if you feel like you've been a victim, you should try to contact the best
product liability lawyer you can find.
