Understanding How Products Harm Consumers

1. AN INTRODUCTION TO
PRODUCT LIABILITY
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Understanding How Products Harm Consumers

2. Consumer Spending is Vital
to Our Economy
The United States is very much a
nation of consumers. In 2016, for
example, the average American spent
$57,311. Over a quarter of our
spending goes toward goods, including
food, clothing, vehicles, household
appliances and other devices. As
consumers, we play an essential part in
our national and global economy. In
return for our spending, we expect
products that meet our expectations
and, at the very least, pose no threat to
our health.
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3. What We Expect of
Manufacturers
Every exchange made between
sellers and buyers is built on a
certain degree of trust. Whether we
realize it or not, we place a great
deal of faith in the makers and
sellers of the products we purchase.
We trust that the new laptop we buy
won’t explode when we start it, or
that our newly-purchased
automobile will come to a complete
stop when we slam on the brakes.
Unfortunately, consumers are often
met by the reality that not all of our
purchases are as safe as we
assume.
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4. When Manufacturers Fall
Short of Our Expectations
When a manufacturer makes a product
that causes a consumer harm, they can
be held accountable for the injuries
suffered by that consumer. Consumer
protection laws are vital to maintaining
the trust that is a cornerstone of our
economy. While we might be tempted
to think that manufacturers wouldn’t
dare sell dangerous products out of
fear of legal action, the number of
defective products points to the fact
that we should remain vigilant as
buyers of goods and make efforts to
hold manufacturers accountable when
they fail us.
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5. Product Liability
Product liability is a term used to
describe the responsibility carried
by the makers of consumer
products. The makers of a
product can be held liable for
injuries caused by any defects
inherent in the product. When a
consumer takes legal action
against a manufacturer to receive
compensation for their injuries,
the action is called a product
liability claim.
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6. Examples of Defective and
Dangerous Products
The list of products that might be considered defective is
almost endless, so let’s focus on some of the most
notorious in recent years:
• Automobiles and automobile parts, such as airbags,
tires, ignition switches and brakes
• Products containing lithium-ion batteries, such as
laptops, cell phones and e-cigarettes
• Gas cans that don’t contain a device to prevent an
explosion
• Medical devices and drugs, such as pacemakers, hip
implants, birth control devices and diabetes drugs
• Talcum powder
• Unsafe toys
Let’s look at two examples of defective products to
better understand how manufacturers can fail
consumers.
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7. In-Depth Example -
Defective Gas Cans
Explosions have always been a
concern for gas can owners. For
years, manufacturers have known
that explosion risks can be greatly
reduced by including a small
device called a flame arrestor.
However, many continued to sell
gas containers that weren’t
equipped with this potentially life-
saving device.
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8. In-Depth Example -
Exploding Lithium-Ion
Batteries
In some cases, it is a specific
component of a device that causes
consumers harm. For example,
exploding laptops, cell phones and e-
cigarettes all share the inclusion of
lithium-ion batteries. If poorly made or
improperly handled, these batteries can
explode after overheating.
Manufacturers have the obligation to
make sure lithium-ion batteries are safe
and that consumers know how to safely
use devices equipped with these
batteries.
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9. What’s the Bottom Line for
Manufacturers?
Consumers might wonder why
manufacturers would sell products that
carry the potential to cause harm.
Carelessness is obviously part of the
problem, but more specifically,
manufacturers often include potentially
defective parts because they are
cheaper and, thus, improve profits on a
sale. Marketplaces are competitive,
and sellers are constantly looking for
advantages. Unfortunately, too many
manufacturers have cut corners that
impact the safety of their products.
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10. Aren’t Consumers Protected
Against Dangerous
Products?
There are many laws designed to
encourage manufacturers to make
sure their products are safe. In
some cases, products must be
approved before they are sold.
However, approval processes aren’t
always as thorough as we might
expect, and there simply aren’t
enough resources available to
screen every product sold to
consumers. That’s why consumers
play a vital role in taking a stand
against negligent manufacturers.
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11. Consumers Play a Role in
Preventing More Injuries
When consumers take legal action
against a manufacturer, their
actions can ensure that the maker
of a product redesigns or rebuilds
that product to avoid further
lawsuits. Though it is the job of our
regulators and lawmakers to protect
consumers, the task of holding
manufacturers accountable often
falls to those who have suffered
harm from faulty products.
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12. Consumers Can Also Seek
Compensation for Damages
When consumers file product
liability claims, they aren’t just
helping future buyers of products --
they are also seeking compensation
for the damages they’ve suffered.
Product liability claims offer
consumers a path toward
compensation for property damage,
medical bills, lost income, pain,
suffering and any other damages
experienced because of a
manufacturer’s negligence.
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13. Work with an Experienced
Product Liability Attorney
Consumers who wish to file a product
liability claim should make sure the
attorney they hire has experience with
these types of cases. Not all attorneys
handle injury cases, and those that do
don’t always have a good track record
when it comes to product liability.
Research attorneys to find out which
ones have experience with product
liability, and take advantage of free
consultations to see whether an
attorney is the right fit for you.
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14. Contact Bert Louthian to
Learn More
If you’re considering filing a
product liability claim, we
encourage you to reach out to
Bert Louthian to schedule a
free consultation. Bert has a
successful track record of
helping clients in product
liability cases. Call us today at
803-454-1200 or fill out our
contact form to learn more.
CALL US AT: 803-454-1200