A defective product can be dangerous to the user through design or manufacturing defects, or by the manufacturer providing incorrect instructions or warnings. Oftentimes, a defect is not discovered until after it has been offered and sold in the marketplace, when reports of injuries come to the attention of the manufacturer.

In some cases, the manufacturer may become aware of the defect, yet continue to offer an unsafe product rather than spend money to recall the product or send out notifications. In other cases, the manufacturer may issue a recall, yet not have a database to adequately find all users. Regardless of the circumstances, manufacturers of unsafe and dangerous products are responsible for any injuries caused by their products that have not been covered by adequate prior warnings.

At Craig Swapp & Associates, our Utah defective products attorneys have the expertise and experience to handle any type of defective product case:

  • Faulty automotive safety equipment, such as mal-functioning airbags or seat belts, that fails to protect the user during an accident or other emergency situation
  • Unsafe appliances or power tools that result in injury during use, despite correct use as outlined by the equipments instructions
  • Incorrect or non-existent instructions or warnings that fail to notify the user of inherent dangers

Types of Defects

There are three main types of product liability defects: design defects, manufacturing defects, and failure to warn defects.

A design defect occurs when the product is inherently dangerous due to its design, and an alternative design could have been used that would have made the product safer. For example, a car manufacturer that designs a car with a faulty braking system that fails to stop the car in an emergency situation.

A manufacturing defect occurs when there is an error in the manufacturing process that makes the product unsafe. For example, a medication that is contaminated during the manufacturing process and causes harm to patients.

A failure to warn defect occurs when the product does not include adequate warnings or instructions about the risks associated with the use of the product. For example, a household cleaner that fails to warn users about the danger of mixing it with other chemicals.

It’s important to note that a product can have more than one defect, and defects can occur in various stages of the product’s development and distribution, including design, manufacturing, and marketing.

If you have been injured by a defective product, it’s important to speak with an experienced product liability attorney who can help determine which type of defect may have contributed to your injuries and who can help hold the manufacturer or other responsible party accountable for their negligence.

Who is Responsible?

When a product is defective and causes harm to a consumer, there may be multiple parties that can be held responsible for the defect, including the manufacturer, distributor, and retailer.

Manufacturer: The manufacturer of the product may be held responsible if the defect was a result of a design flaw, a manufacturing error, or if they failed to provide adequate warnings or instructions about the product.

Distributor: The distributor of the product may be held responsible if they knew or should have known about the defect but failed to take action to correct it or warn consumers.

Retailer: The retailer of the product may be held responsible if they sold the product even though they knew or should have known about the defect, or if they failed to properly inspect the product before selling it.

In some cases, multiple parties may be held responsible for a product defect. For example, if a manufacturer knew about a design flaw but failed to correct it, and a distributor and retailer sold the defective product to consumers without warning them about the risks, all three parties may be held liable for the harm caused to the consumer.

If you have been injured by a defective product, it’s important to speak with an experienced product liability attorney who can help investigate the case, identify all responsible parties, and hold them accountable for their negligence.

Legal Representation

We represent people who own a defective product, as well as those non-owners who borrow or have lawful access to the equipment. When we represent injured victims of defective products, our attorneys first establish the liability of the manufacturer. Once liability is clearly established, we then look to get the injured victim fair and full compensation for:

  • Medical bills, including costs for hospital visits, doctors, medication, physical therapy, etc.
  • Income loss associated with the injury and recovery
  • Damage to personal property caused by the defective product
  • Pain and suffering associated with the recovery
  • Long-term disfigurement or impairment

If you’ve been seriously injured by a defective product or by improper instructions, contact Craig Swapp & Associates today for a FREE consultation at (801) 990-1919 or submit the details of your case on-line.