As consumer product makers face new regulations, international pressures and class actions, we bring in-depth knowledge of government and industry regulations and practices, resolving compliance and other regulatory and liability concerns. Fulmer Sill guides clients through the complex web of state and federal consumer products regulations. We advise on compliance, we assist in shaping and developing the regulations that impact our clients’ businesses, and we respond quickly to coordinate recalls, prepare reports of harm, and address other regulatory actions whose effects may quickly spread well beyond an isolated incident.
CONSUMER PRODUCT DEFECT TYPES
If someone is injured by a defective product, they may have grounds to file a lawsuit against the manufacturer, wholesaler, or distributer, depending on the type of defect. The two primary categories of product defects under federal law are design defects and manufacturing defects.
- MANUFACTURING DEFECTS: These are caused by an error in assembly and are not intended to be part of the product. This type of defect will typically only be found in a small percentage of a company’s manufactured goods. Based on the theory of strict liability, a manufacturer is liable for any manufacturing defects that occur as a result of faulty construction, regardless of whether they took care throughout the manufacturing process. The plaintiff needs to prove that the defect allegedly responsible for their injury was present at the time of departure from the factory where the good was produced.
- DESIGN DEFECTS: A design defect is a flaw in the original blueprint of a product that causes it to be unreasonably dangerous and creates a hazard for potential users. This type of defect will typically be found in all of a company’s manufactured products.
DETERMINING IF A DESIGN DEFECT EXISTS
- WAS THE PRODUCT’S DESIGN UNREASONABLY DANGEROUS PRIOR TO PRODUCTION?
- WAS IT PLAUSIBLE TO ANTICIPATE THE DESIGN OF THE PRODUCT COULD HARM A POTENTIAL USER?
- COULD THE MANUFACTURER HAVE USED A SUPERIOR DESIGN THAT WAS ECONOMICALLY FEASIBLE & WOULD NOT ALTER THE PURPOSE OF THE PRODUCT?
DO YOU HAVE QUESTIONS ABOUT INJURIES RELATED TO CONSUMER PRODUCT DEFECTS?
If you or a loved one have been affected by a consumer product defect, we encourage you to consult with our team as soon as possible. With our extensive knowledge and expertise, you can rest assured that should you choose to work with us, you will have legal representation that you can trust. All initial consultations are free, and we don’t charge any up-front fees for representation. We handle all fees on a contingency basis, meaning that unless we’re successful, you don’t have to pay us. Please contact Fulmer Sill at (405)510.0077 for a free consultation.