The 3s of Product Injury

Feb 5, 2021 | Allen A. Ritchie

Allen's Answers


Products are required to be safe. When they are not, you can expect the manufacturer to pay for your injuries. Of course, they probably won’t do that without a fight.

Here are 3 things that can make a product defective.

Bad Design – the way that the product was created caused a danger.

Real-Life Example: A man bought a rifle that would fire when the safety latch was lightly touched. It did, and he injured his foot.

Bad Manufacture – the product is not made according to the design instructions.

Real-Life Example: A batch of cough syrup contained a poisonous substance. In May 2007, 365 deaths were reported in Panama.

Bad Marketing – this can include improper labeling, insufficient instruction, and inadequate warnings.

Real-Life Example: A football helmet manufacturer faced an 11-million-dollar verdict for failing to warn athletes of possible concussion risk.

Here are 3 more things. The 3 things you must prove to win your case.

You used the product only as instructed. For example, if you burn logs in your gas fireplace and your house catches fire, you will probably not win.

The product was really defective. So do not throw the product away. If you do, you have probably thrown your case out as well.

You are hurt, and the product caused your injury. You must be hurt, or you have no case. You must then tie that injury to the product. This requirement was one of the defenses used by tobacco companies. In those cases, cancer patients had to prove tobacco caused their cancer while the tobacco companies argued that some people who never smoked got lung cancer.

All the twists and turns of a products liability case are why you need an experienced lawyer. Trust me; the manufacturers will have plenty on their side.

If you suffer a personal injury like an auto accident or slip and fall, you can talk to us at the Law Firm of Eiland and Ritchie for free. We want to help you get back on your feet. We are mostly working remotely but are always available.

Also, join us on NBC 15 LawCall here in Mobile every Sunday night at 10:30, right after the news. We will take your calls live. We are experimenting with new ways to do the show and still follow the CDC guidelines. You might want to see what we have come up with.

Allen Ritchie

Alabama Personal Injury Lawyer