What makes a product defective?
Written by Jay M. Kelley III in Accident & Injury on October 17, 2018
Getting injured while using any product can be frustrating and painful. And it can be easy to blame the item and assume it is defective.
While this can certainly be the case, not all accidents caused by a specific product are the result of a defect. To know if a specific incident could involve a defective item, and therefore could warrant a legal claim, readers should understand what makes a product defective.
Defining defective
A defective product is one that does not perform as it should or one that causes unexpected injuries. It could cause damages because of a defective design or manufacturing flaw, or it could be defective because there were insufficient warnings to consumers about the risks of using the product.
Understand, though, that a product that causes injury is not automatically defective. For instance, a knife is – by design – dangerous. If it cuts you, it doesn’t mean its defective. Further, if you get hurt after making adjustments to a product or failing to use it properly and for its intended purpose, a defect may not be to blame for injuries.
Examples of defects
There are numerous examples of defects in products people use all the time. Below are some of the more common defects we see.
- Appliances with faulty electrical cords that start fires
- Automotive products that break down prematurely
- Medical devices made with harmful materials
- Furniture designed in such a way that it is unstable
- Food made with contaminated ingredients
- House paint sold without warnings of how to use it safely
Often, consumers have no idea about these and other defects until they suffer a serious injury or the company announces a recall. That is what makes it so important to report any defective product and hold the party responsible for the defect accountable.
If you believe a defective product is to blame for a recent accident resulting in injuries, then you can consult an attorney who can examine your claim and help you understand the legal remedies that may be available to you.
Jay M. Kelly III - Managing Partner
Meet Jay M. Kelley III, a top medical malpractice attorney in Ohio with over 25 years of experience and $200 million in verdicts and settlements. He leads Elk + Elk’s litigation strategy in state and federal courts and has a unique background as a former felony prosecutor and hospital defense lawyer. Jay specializes in complex cases, including birth injuries and wrongful death, and is recognized by Best Lawyers and ranked among the Super Lawyers Top 10 in Ohio.
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