Recently, the national retailer Toys “R” Us issued a recall of pacifier clips due to their ability to harm small children. The pacifier’s clip spring mechanism could break apart, creating a choking hazard for small children.
Can the Manufacturer Be Liable for a Defective Product?
Before any product reaches the shelves, it is the responsibility of the manufacturer and distributor to ensure that the product is safe for its intended use. Consumer products should be extensively inspected and rigorously tested before they are sold to the public. When a manufacturer fails to do this, the company knowingly puts the health of consumers (the public) at risk. When a company engages in the following behaviors, it can be held liable for distributing a defective product:
- Mislabeling a product
- Improper or inadequate testing of a product
- Distributing a product that is known to be dangerous
- Using dangerous materials or ingredients to manufacture a product
- Choosing not to follow federal or industry safety standards and regulations
- Marketing a product for a purpose for which it has not been approved
When a company knowingly engages in one or more of these practices, the law of product liability applies to hold the manufacturer accountable.
Dealing with Insurance Companies
If your child is injured by a defective product, you will more than likely have to deal with the manufacturer’s insurance company at some point in time. Representatives of the insurance company may offer sympathy, but keep in mind that these representatives work for the insurance company and not for you or your family. The goal of the insurance company is to settle the claims for the least amount of money possible which may mean a settlement for less than is fair or that your family deserves. Insurance companies know that most individuals lack an in-depth understanding of the law and how to negotiate, so they have the advantage. You should never interact with an insurance company without the aid of an attorney who has experience winning defective product cases.
The Legal Support You Need to Win
We know how to handle large manufacturing companies and their insurance companies. Our birth injury attorneys are ready and willing to handle your product liability lawsuit. We know that taking on a large company sounds intimidating, but our attorneys can provide you with the guidance and support you need. Reach out to us today by calling Birth Injury Safety at (214) 974-4121.