Defective product claims

A defective product is one that was either designed with defects or was manufactured improperly. Flawed design or manufacturing defects may result in unsafe products that cause injury to consumers. There have been countless cases of defectively or dangerously designed consume products harming and often killing consumers, including children.

In a defective products liability case, the law may find blame with all other individuals involved in manufacture of a product. This can include the designer, manufacturer, supplier and retailer. These individuals may be held liable for any injury their product causes.

Hovde Dassow & Deets, LLC represented consumers for over 50 years who have been seriously injured by defective products.

• vehicle rollovers
• train accidents
• boat accidents
• infant an child automobile safety seats
• commercial airline crashes
• unsafe baby furniture and toys
• electrical injuries
• industrial equipment defects
• industrial plant injuries

We have been fortunate that some of our cases have resulted in manufacturing and design changes to the products involved in our successfully litigated cases.

A defective products liability claim may exist when a company develops, manufacturers, distributes or sells a product that is unreasonably dangerous or defective which results in injury or death. Often, large companies find that it is less expensive to market a defective and dangerous product, rather than to make the required safety upgrades to that product. Law firms like Hovde Dassow & Deets, LLC have made it a goal to hold these careless corporations responsible for their actions.

The legal claims most commonly associated with defective product liability claims are negligence, strict liability, breach of warranty, and various consumer protection claims. The majority of product liability laws are determined at the state level and vary widely from state to state. Each type of product liability claim requires different elements to be proven to present a successful claim.

A defective products liability claim is usually based on one or more of the following causes of action:

• design defect;
• manufacturing defect;
• a failure to warn;

In general, defective products liability claims are based not on negligence, but rather on strict liability. Under the theory of strict liability, a manufacturer is held liable regardless of whether it acted negligently. It allows recovery for an injured customer who might be in a difficult position to prove what a manufacturer did or did not do wrong in its design or manufacturing process. It is presumed that a manufacturer with its deep pockets may be better situated to absorb the cost of liability and would consider such expense in setting price for its products.

• Truck + car accidents
• Medical malpractice
• Drug liability
• Wrongful death claims
• Construction accidents
• Nursing home injuries
• Pharmacy + prescription errors
• ATV injuries
• Defective product claims
• Consumer class action
• Aviation incidents
• Injuries to children
• Train accidents