Partner Rich Ruohonen was interviewed by Lawsuit.com recently about product liability issues. Here is what the article covered.
Personal injury resulting from a product, falls under the category of strict liability. Strict liability refers to injury resulting from products whereby the manufacturer may be held responsible because of one or more reasons, including:
- safeguards in the design of the product failed to protect the injured party from harm despite cautious use,
- failure to design the product through an alternative that would offer better safety mechanisms,
- the omission of warnings that would otherwise allow for reasonable use of the product.
Product liability may result from food poisoning (such as ecoli and listeria), pharmaceutical drugs, defective toys, playground equipment, recreational apparatus, dysfunctional components in machinery, motorcycles, ATV’s, cars, trucks, strollers, or any other product in the marketplace. This may also refer to products that release harmful chemicals such as PBCs, mercury, lead, asbestos, benzene, and mold.
Personal injury attorneys can assist individuals and serve the public in several ways, including:
- Aware of technical bulletins and recalls associated with defective products.
- Report defective products to help create awareness about hazards associated with certain products. Understand how to preserve evidence from tampering or destruction.
- Advocate for large groups and contribute to keeping the public safe from harm.
As Rich Ruohonen, Attorney at Law, Minneapolis, Minnesota, of Terry, Slane & Ruohonen warns, “Manufacturing companies may not be aware of the hazards associated with their product. Consumers can actually help prevent defective products from causing injury to others by reporting questionable products to the Public Health Department, the Consumer Product Safety Commission and/or other proper authorities.”
Regardless of the industry or the intended use of the product, designers, manufacturers, and distributors of any commercial product have a responsibility to provide their consumers with safe and reliable products. A toy manufacturer is no different. They can be held liable for any accidents or injuries that occur due to a defect in design or production of their product.
