Defective and Dangerous Products: They’re Everywhere!

Just last month a major, worldwide warehouse club issued a voluntary recall of “Simply Right” baby wipes after the manufacturer of the wipes discovered the packages were tainted with a gram-negative bacteria known as B. Cepacia. Though it is unlikely that the bacteria would cause problems for healthy individuals, it could make children with chronic health problems or a weakened immune system more susceptible to infections—including pneumonia. Though this product was relatively isolated, there are products all around us that present unreasonably high risk of injury.

Knowing how many different products are available for purchase or consumption is virtually impossible. Internet giant Amazon.com sells over 232 million products in the United States alone. With all these options, and so many products, how is anyone to know whether the products we allow into our homes, and into our bodies, are safe for our use or consumption?

Despite rigorous testing by the Food and Drug Administration (FDA), defective and dangerous products make it into our stream of commerce literally every day. The United States Consumer Product Safety Commission (CPSC) maintains a list of recent recalls complete with information sufficient for visitors to identify the recalled product, recognize the risk associated with the recalled product, and understand the remedy associated with the recalled product. It would not be a bad idea to check the CPSC list once or twice a year just to see if any of the products in your home present a known and unreasonable risk of injury to you or your family.

But what if you’re unaware that a product in your home is defective or dangerous and you don’t discover that risk until it’s too late? In Washington, the Washington Product Liability Law (WPLA) provides for strict liability against the manufacturer of a product. The WPLA defines “manufacturer” to include a product seller who “designs, produces, makes, fabricates, constructs, or remanufacturers” a product or a “component part of a product” before its sale to a user or consumer. Manufacturers are strictly liable for injuries occurring because of a design defect, a manufacturing defect or a warning defect:

A design defect occurs when a product is not reasonably safe as designed, causing it to be unreasonably dangerous.

A manufacturing defect occurs when there is a flaw or mistake in the process of manufacturing the product that leads to the product being unreasonably dangerous.

A warning defect occurs when a product is designed in such a way as to be as safe as possible, but which lacks warnings that instruct in the proper use of the product (i.e. “highly flammable” or “choking hazard”) when such lack of a warning makes the product unreasonably dangerous.

In such situations the manufacturer will be found liable for injuries resulting from allowing such an unreasonably dangerous product into the field of commerce.

So what then should you do if you or a family member are injured by a dangerous product (whether or not that product has been recalled or appears on the CPSC’s website)? In such situations medical bills may be the least important concern. Often these types of injuries result not only in mounting medical bills but in lost wages, lost limbs, or even the loss of a loved one-not to mention immeasurable emotional and physical pain and suffering. Often, at the time of an injury, people are thinking about preserving life and minimizing suffering–“I’m going to sue” doesn’t usually enter one’s mind until after the adrenaline wears off and the situation settles down. To ensure your rights are protected and your remedies are preserved, if you or a family member are injured by a product, you should:

• Seek adequate medical attention: Even if an injury seems minor, you’ll want to not only document your injury, but make sure your condition is not going to worsen if left untreated.
• Research the product:Look the product up on the CPSC website. Was there a recall? Do a simple Google.com search for your product and any associated injuries. Are others experiencing the same or similar injuries?
• Save the product: Perhaps the single most import course of action is to preserve the dangerous product in exactly the same condition as it was at the time of the injury. If the product is returned to the manufacturer for a replacement, or thrown in the trash to prevent future injury, it will be difficult to successfully bring a product liability claim. Many good claims have been lost as a result of well-intentioned parents thinking they’re doing the right thing.
• Seek legal advice: Whether you call me or another attorney experienced in handling products liability cases, it is important to discuss your rights and responsibilities. Most attorneys in this field will offer a free initial consultation and offer contingency fee agreements where you don’t have to pay unless your attorney is successful in obtaining compensation for your injuries.

Nobody should have to be injured by a defective or dangerous product. But knowing what to do to prevent injuries, and what to do in the case of injury, can put you one step closer to protecting you and your family.