Borel & Associates, Attorneys and Counselors at Law


Product Liability

Medical Malpractice | Wrongful Death | Product Liability
Employment Discrimination | Automobile Accidents
Workers' Compensation | Time Limits and the Law

When is a product defective?

A product is defective if it is unreasonably dangerous to consumers using the product in a reasonably anticipated manner. Usually, a product can be defective, or unreasonably dangerous, in one of three ways. First, a product may be unreasonably dangerous because of the way it was designed. A design defect generally occurs because the designers of the product failed to take into account certain dangers associated with the product's use. Second, a product may be unreasonably dangerous because of some glitch or mistake in the manufacturing process itself.  Third, a product may be defective because of the way it is marketed. This generally involves products that contain inadequate warnings to let consumers know of dangers inherent in the product or of the correct way to use the product so that injury may be avoided.

Is the manufacturer responsible for my injuries?

If you have used the product in a manner which was reasonably foreseeable to the manufacturer and if you have been injured as a result of a defect in the product which made the product unreasonably dangerous, the manufacturer may be responsible for your damages. Also, even if you have been somewhat negligent in your use of the product, the manufacturer might still be liable if your use of the product was reasonably foreseeable.

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