Ladders Recalled After Design Defect Causes Injuries to Users
Manufacturers of a telescoping step ladder recently announced a recall of five specific models that can create a fall hazard while in use. The US Consumer Product Safety Commission outlined the details of the June 20, 2018 recall, stating that around 78,000 units sold primarily at Home Depot and Lowe’s between April and May 2018 were affected. The remedy for those that purchased the recalled ladders is to request a refund, as there is no known means of repairing the design defect. To date, only one consumer has been hurt by a fall from a ladder. The injuries occurred to the left side and elbow of the victim, but the product liability claim could have been much worse: The tallest model in the ladder recall extends to 26 feet in height, so there is the potential for more serious injuries or fatalities.
If you suffered injuries due to a defective product, it is important to consult with an experienced Hampton product liability lawyer and have a look at how these cases work in Virginia.
Strict Liability in Defective Products Cases
A victim who is injured by a dangerous product does have the right to recover compensation, but these claims are different from typical personal injury cases based upon negligence. A legal concept called “strict” liability applies, so a claimant is not required to show carelessness or fault. If you were hurt due to a product defect, you must prove:
- The responsible party owed you and other consumers a duty to produce a safe product;
- The company breached this duty to putting out a flawed, dangerous product;
- This product defect caused your injuries; and,
- You suffered losses due to your injuries.
Types of Product Defects
There are countless ways that a product can be defective, but these flaws generally fall into three categories:
- Design defects, where an entire line of products is dangerous because of an error in creating them;
- Manufacturing defects, which affect only certain items that are hazardous because of a mistake in the production process; and,
- Labeling issues that make a product dangerous when they do not include proper warnings or instructions for safe use.
Potential Defendants in a Product Liability Case
There are multiple stages of the production process involved with getting a product into the hands of a consumer or end user. Any company that plays a part in putting a defective product into the stream of commerce may be a potential defendant, including:
- The manufacturer that produces the product;
- A shipper or cargo company that distributes an item;
- The retailer who sells the defective product;
- A marketing company that creates labels for the product;
- A company that produces a component within a larger product; and,
- Many other parties involving in the production, supply chain, and sales process.
Discuss Your Claim with a Hampton Product Liability Lawyer
If you were hurt by a defective product, please contact Hampton Injury Law to schedule a free consultation with Mr. Hoen. You can reach the office by calling 757.838.1136 or checking out the firm website.
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*Virginia Lawyers Weekly January 30, 2023 edition
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