From faulty car parts to contaminated food, defective consumer products can pose serious risks, often leading to injuries, illnesses, or even fatalities. While regulatory agencies work to ensure product safety, defects still slip through, making it essential for consumers to understand the risks associated with everyday items.
It is important to recognize what constitutes a defective product, identify common dangerous goods, and understand your rights to protect yourself and your loved ones from hazardous consumer goods. If you or a family member has been harmed by a faulty product, a product liability lawyer at Power Rogers can help you pursue legal action and seek compensation.
What is Considered a Defective Product?
A defective product is any consumer item with a flaw that makes it unsafe. Defects can arise at different stages of a product’s development, from its initial design to manufacturing and marketing.
- Design Defects occur when a product’s concept or design has dangerous flaws that make it unsafe, even when manufactured correctly.
- Example: A model of an SUV that is prone to tipping over due to an unstable design. Even when correctly assembled, the vehicle remains dangerous because of its high center of gravity and flawed weight distribution. Other examples include ladders with weak structural designs that make them prone to collapsing or power tools with exposed moving parts that increase the risk of severe injuries.
- Manufacturing Defects arise when a mistake occurs during production, making an otherwise safe design hazardous. Incorrect assembly and inadequate oversight sometimes cause defects during production.
- Example: A batch of airbags that fail to deploy due to improper assembly. In this case, the original design may have been safe, but a manufacturing defect during production introduced a life-threatening defect. Other examples include prescription drugs contaminated with dangerous substances during production or electrical appliances with faulty wiring that increases the risk of fires.
- Marketing Defects (Failure to Warn): Marketing defects involve inadequate instructions, warnings, or labeling, leading consumers to use the product unsafely. Even if a product is appropriately designed and manufactured, the absence of clear usage guidelines or failure to disclose potential risks can result in serious injuries.
- Example: A medication that does not include proper warnings about potential severe side effects. If a drug company is aware of potential risks and fails to disclose them, consumers may unknowingly take a dangerous drug unaware of possible complications. Other examples include children’s toys that fail to include choking hazard warnings or household cleaning products missing labels about harmful fumes when mixed with other chemicals.
Defective consumer products can cause serious injuries ranging from burns and fractures to life-threatening illnesses and fatalities. Recognizing the different types of product defects is essential in staying informed and vigilant about potential risks in the products you use daily.
What Are The Most Common Examples of Defective Products?
While defects can appear in nearly any product type, some categories tend to see more frequent recalls and lawsuits due to their potential for harm. Below are some of the most common defective consumer products and notable real-world cases highlighting their dangers.
Motor Vehicles and Motor Vehicle Parts
Automobiles are among the most frequently recalled consumer products due to design and manufacturing flaws. Defective vehicle parts, such as faulty brakes, airbags, or ignition switches, can lead to catastrophic accidents.
Real-World Example: The Takata Airbag Recall
One of history’s most significant product liability cases involved defective Takata airbags. These airbags had the potential to explode upon deployment, sending metal fragments into drivers and passengers. The defect was linked to at least 28 deaths and hundreds of injuries worldwide, including at least 400 in the United States. The recall affected over 67 million airbags across various automakers, making it one of the most extensive recalls ever recorded.
Pharmaceuticals and Medical Devices
Defective medical products can have devastating effects on patients who rely on them for treatment. Unsafe drugs and medical devices can cause severe complications, permanent injuries, or even death.
Real-World Example: The Opioid Crisis and Purdue Pharma
While not a traditional defective product case, Purdue Pharma’s aggressive marketing of OxyContin, downplaying its addictive properties, led to one of the most significant public health crises in modern history. Thousands of lawsuits have been filed against the company, arguing that misleading marketing contributed to widespread addiction and overdose deaths.
Electronics and Appliances
Defective electronic devices and home appliances can lead to fires, electric shocks, or explosions, endangering users and their families.
Real-World Example: The Samsung Galaxy Note 7 Recall
Samsung was forced to recall millions of Galaxy Note 7 smartphones at a nearly $5 billion loss after a number of the devices spontaneously caught fire due to a battery defect. Airlines have even banned these phones from flights due to safety concerns. The recall served as a warning about the dangers of poorly manufactured batteries.
Food and Beverages
Contaminated food and beverages can result in foodborne illnesses, allergic reactions, or chemical poisoning. These defects often stem from improper handling, contamination during production, or failure to label allergens.
Real-World Example: The Peanut Corporation of America Salmonella Outbreak
A major salmonella outbreak linked to peanut butter products from the Peanut Corporation of America led to over 700 reported illnesses and at least nine deaths. Investigations revealed that the company knowingly shipped contaminated products, resulting in multiple lawsuits and criminal charges for company executives. The company’s former president, Stewart Parnell, was sentenced to 28 years for knowingly selling contaminated peanut butter.
Children’s Products
Children’s products, including toys, cribs, and car seats, must adhere to strict safety standards. However, design or manufacturing defects can still put children at risk of injury or suffocation.
Real-World Example: The Fisher-Price Rock ‘n Play Sleeper Recall
The Fisher-Price Rock ‘n Play Sleeper was recalled after being linked to over 30 infant deaths. Since the recall, that number has increased to approximately 100 deaths. The product, which was marketed as a safe sleep solution, posed a suffocation risk when babies rolled over. The case highlighted the importance of rigorous product testing for children’s items.
What Should You Do If You Are Injured By a Defective Product?
If you or a loved one has suffered harm due to a defective consumer product, taking the proper steps can protect your rights and strengthen your legal claim:
- Seek Medical Attention: Your health should be the top priority. Documenting your injuries with medical records will also be crucial evidence in your case.
- Preserve the Product: Keep the defective product, including its packaging, instructions, and receipts. Avoid attempting to fix or alter the item.
- Take Photos and Notes: Document the defect, your injuries, and any damage the product caused.
- Report the Issue: Notify the manufacturer or retailer and file a report with regulatory agencies such as the Consumer Product Safety Commission (CPSC) at SaferProducts.gov or the Food and Drug Administration’s SmartHub.
- Consult a Product Liability Lawyer: A product liability attorney can evaluate your case, determine liability, and guide you through the legal process.
If You’ve Been Harmed By a Defective Consumer Product, Contact Our Product Liability Lawyers
When a defective product causes harm, holding the responsible parties accountable is essential. Manufacturers, retailers, and distributors may be liable for defective consumer products, and a product liability lawsuit can help victims secure compensation for medical bills, lost wages, and pain and suffering.
At Power Rogers, our team of skilled product liability lawyers is committed to advocating for injured consumers. We understand the complexities of product liability cases and work tirelessly to ensure our clients receive the justice they deserve. Do not wait to take legal action if a defective product has harmed you or a loved one. Contact us today for a free consultation to discuss your case and explore your options. You have rights—let us help you protect them.
