Written by: Portrait Photo Of Tyrone J. Maho Tyrone J. Maho

When you purchase an item that injures you in some way, it can be frustrating to know it occurred because of a malfunction. 

Proving a defect occurred during the process of making and designing an item may lead to a stronger defense in court for products liability. 

Cost analysis 

The most crucial time in any item’s design is when it is first tested in person. Many production designs have flaws that are not known until they are fully formed and in use. A test near the end stages of a product can lead to the realization that it has a major design flaw. 

From there, the company may weigh the cost of adding a safety component that may not be strictly necessary, but could still improve the quality of the product. If it costs less overall to provide medical bills for potential lawsuits than to redo the entire design and production process, then it is likely they will keep it as it is. 

What it means for you 

Once you get injured, the company is typically liable for a lawsuit. Both negligence and strict liability come into play when considering your case. 

If you argue the company should know their product is not safe for public consumption, negligence may be the best way to prove it. However, strict liability takes into consideration the fact that any item could be unfairly dangerous for consumers to use, even ones that are volatile by nature. There is also a greater emphasis on the product rather than the actions you took while using it. Both of these arguments are commonly used in court. 

By Maho | Prentice, LLP Attorneys at Law on April 14, 2020