Defective Product General Information

The average person, and many law firms unfortunately, do not appreciate the role that inadequately designed and or constructed products play in causing or contributing to unnecessary injury or death to consumers and users of products. Most people think of a defective product as being one that fails to perform as intended by the maker. However, a product can also be defective if the designer and/or manufacturer fails to set adequate standards for the products performance as relates to its potential to cause unnecessary injury or death when used in a foreseeable manner.

Product Design Defects

It is a fundamental engineering concept that the designer of a product is obligated to evaluate the foreseeable uses of a product with the purpose of identifying how the product might cause or contribute to avoidable injury or death. Once this process, often referred to as failure mode and effect analysis, is performed, the designer is then obligated to take steps to reduce or avoid, to the extent practical, injuries that might otherwise arise from the use of the product. Failure to do so can result in what is called product liability, as such conduct is both negligence and renders the product unreasonably dangerous and defective.

Defective Product Specifics

Making automobiles, aircraft and other vehicles reasonably safe in the event of crashes (crash worthy) are examples of the application of this design principle. Making tires such that their treads don’t come off as a result of normal foreseeable operations is another. Designing medical devices so that foreseeable operator error will not occur or not cause avoidable injury or death, is yet another.

What ever the product, the application of failure mode and effect analysis is a requisite to a safe product design, yet a surprising number of product manufacturers negligently fail to perform such studies prior to marketing their products. Holding designers and manufacturers responsible for the effective application of this simple engineering concept has served to make every product we use in our daily lives safer than they otherwise would be. Product safety in the modern world is one of the great achievements of the American Civil Justice system.

Defective Product Cases McMath Woods P.A.

At McMath Woods, PA we have several lawyers who have been litigating product cases for decades and are especially proud of the work we have done in this area. Unfortunately, many attorneys and law firms, including many law firms and attorneys that handle more common types of personal injury cases, often do not have the breadth of experience necessary to identify and prosecute defective product and negligent product design cases.

As always, if we cannot handle your claim for whatever reason, we are happy to make referrals, which as with our initial consultations is without charge or obligation to you. We encourage you to either email us right now, using the case review box on this page or pick up the phone and call Bruce McMath, Neil Chamberlin, Will Bond or Charles Harrison directly.