Law Offices of Michael Sabongui

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PRODUCT DEFECTS

A product can be defective if or when the product fails to perform as safely as an ordinary consumer or user of that product would expect. A manufacturer, distributor, or retailer is liable in tort if a defect in the manufacture or design of its product causes injury while the product is being used in a reasonably foreseeable way.

A product can also be defective if the use of the product in a manner that is reasonably foreseeable by the defendant involves a substantial danger that would not be readily recognized by the ordinary user of the product and the manufacturer fails to give adequate warning of such danger. A manufacturer has a duty to warn of the potential danger or side effects which are known or which should be known to the manufacturer, and which may result from the ordinary use of that product.

A manufacturer who fails to exercise reasonable care in the design, manufacture, and testing of a product which can result in the unreasonable risk of causing physical harm to those who use it for a purpose for which the manufacturer should expect it to be used and to those whom he should expect to be endangered by its probable use, can be subject to liability for any physical harm caused by that product.

A seller or supplier of a product can also be subject to liability for the physical harm caused by those products if the supplier knows or has reason to know that those products are dangerous or likely to be dangerous and does not warn of that danger. A seller who puts out his own product manufactured by another has the same duties or responsibilities as that of the actual manufacturer of that product.

If you believe you were injured by a defective product, please contact the Law Offices of Michael Sabongui for a free consultation and evaluation.