Injuries can sometimes be caused by defective products. Think of a burn injury from an electronic fire caused by a defective product in your home, a broken bone injury from a collapsed stool, a respiratory illness from a cleaning product, or a deep cut from a shattered glass coffee table.
The manufacturer of the product may need to answer for these injuries if they were negligent as to something they did or because of something they failed to do. One of the most common examples of this is the manufacturer’s failure to warn consumers about hidden dangers.
Negligence claims against product manufacturers focus on whether the product was inherently dangerous and what the manufacturer knew or reasonably should have known about those dangers. The key question is whether the manufacturer exercised ordinary care, meaning did they act as a reasonable manufacturer would have acted in the same situation?
A company sells a smart speaker designed to sit on a countertop and run continuously. They discover through customer reports that faulty wiring inside the speaker can cause it to overheat and catch fire, especially if it’s placed near other electronic devices — a risk that’s not obvious to the average person. The company does not add a warning about the overheating risk or provide a recall.
A foldable plastic step stool is sold for home use. The manufacturer knows that the plastic weakens over time, especially if stored in hot areas like garages. They don’t warn consumers about weight limits or the risk of collapse from age or heat exposure.
A trendy glass coffee table is made with low-quality tempered glass that shatters unexpectedly with normal use, like setting down a heavy book. The company has received reports of shattering but does not warn customers.
A cleaning spray is labeled for kitchen use but contains harsh chemicals that can cause respiratory irritation in enclosed spaces. The manufacturer knows consumers commonly use the product to clean inside refrigerators and ovens — small, enclosed areas — but fails to include warnings about the fumes.
These scenarios show how a manufacturer can be held legal responsible when they fail to reasonably foresee and warn about potential dangers with their products. When manufacturers ignore known risk or don’t take steps to protect the consumers of their products, they may be held liable for the harm that results.
If you suspect nursing home abuse, ensure the safety of your loved one, then consult AR White Law at
502.882.7552 and get aggressive representation for your family’s nursing home abuse claim.
Suspicious behavior on the part of the nursing home staff may also be cause for concern. For example, if the staff denies or delays access to your loved one during regular visiting hours, or if a staff member refuses to leave the room during your visit, you may want to begin asking questions.
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