Product Liability Lawyer Pensacola FL | Kimberly Lambert
[GRAPHIC: Levin Papantonio Thomas Mitchell Rafferty & Proctor, P.A. "Product Liability Cases"]
KIMBERLY LAMBERT: Product liability litigation is the result of defective over the counter drugs, prescription medication, medical devices or virtually any product sold to the public.
Manufacturers have a duty to supply safe products to the public. But in some instances products that have been inadequately tested or labeled, make their way into the homes of consumers.
A product is unreasonably dangerous when it causes physical harm beyond that which would be contemplated by ordinary users with ordinary knowledge of the product's intended use. It is a manufacturer's duty to know of and correct to protect against these dangers.
There are situations when the utility of a product outweighs the dangers. In these instances, a manufacturer is required to warn about the dangers if they are not obvious to the user.
A product has a manufacturing defect if it contains a danger which the manufacturer did not intend and the customer did not expect. A product is defective in its design, however, if it is made as the manufacturer intended, but has an unreasonably dangerous characteristic.
A manufacturer has a duty to warn about a product danger if without that warning the product causes harm during its intended or reasonably foreseeable use beyond that which would be contemplated by an ordinary user.
The Federal Food and Drug Administration, or FDA, and the Consumer Product Safety Commission, or CPSC, are the two main federal agencies charged with the responsibility of ensuring a product is safe for the public.
Unfortunately these agencies continue to show signs of understaffing, political agendas and simply seem unable to effectively ensure product safety. This means that we must rely on manufacturers to act prudently, to properly test their products, warn of dangers and take immediate action to remove products found to be unreasonably dangerous.
Some manufacturers take advantage of the current situation at the FDA and CPSC. And history has shown that irresponsible manufacturers severely neglect their duty by putting their profit margins at the top of their agenda over your safety.
If manufacturers know there is a possibly the judicial system will hold them accountable for their wrongdoings, they just may be inclined to be more careful about the products they put on the market and less cavalier about your safety.
If you have been injured by a product, please do not delay in inquiring about your rights.
[GRAPHIC: Levin Papantonio Thomas Mitchell Rafferty & Proctor, P.A.]