Products Liability

Products liability by definition is when something is either manufactured in a defective way, or has been designed in a defective manner, which causes you harm. Often it is the design or manufacture of a machine which causes your injury. The machine which has caused your injury could be anything from a machine used in the industrial process, to a ladder, an automobile, or a tool.

In one case we were involved in, the ground of a large industrial molded plug had failed and our client was electrocuted while operating a machine. When we X-rayed the plug, we were able to determine that the ground wire had looped up within the molded plug at the time of manufacture, instead of going straight into the ground pin. Over time, the movement of the ground wire within that loop, much like the repeated bending of a paperclip, broke and withdrew from the ground pin. This is an example of defective manufacturing. Had the molded plug been made according to its design, it would not have failed.

In the same case described above, the machine could have been fitted with a GFI (ground fault interrupter) and was not. This would have been a larger version of the GFI plug at the end of a modern hairdryer. Had the design of this machine included the GFI, the machine would have immediately turned off when one of the motor windings shorted out, thereby preventing the electrocution of the man. Despite the failure of the ground in the molded plug, the GFI would have saved him. This is an example of the defective design of a machine

If you have been injured by a product, and after you have obtained initial first aid, secure the product if you are able. If it is a machine owned by your employer ask your employer, to secure the machine. The product which caused your injury is evidence; it must be preserved until the claim is concluded. Many times, if the evidence is lost, the case will be lost.

As soon as you are able call an experienced personal injury attorney to discuss your potential case in greater detail. In all likelihood it will be necessary for an engineer to examine the product and ask you questions about how the accident occurred. It is this engineer who will prepare the expert’s report detailing how the product was either negligently manufactured or designed. Often preserving the evidence and choosing the best available and most appropriate expert will lead to the most favorable outcome for you.

David Maran

Get your questions answered - call me for your free phone consultation (973) 646-4258 and (973) 622-5303

Get Help Now