Our last post on the blog discussed strict liability and how it shapes your products liability claim. This area of the law is very specialized and can be difficult to understand. Sure, strict liability itself may only have the three elements discussed last week, but each of those elements in and of themselves can bring up a whole host of legal issues.
The flood of automotive recalls for vehicles manufactured by numerous companies for a variety of reasons has shaken consumers all over the world. Minnesota is not immune to having issues linked to faulty car parts or poorly designed vehicles. Given the number of people who have been hurt or killed as a result of these products and a design defect, it's important that everyone remain vigilant at the risks they're taking and the dangers to others when they head out on the road.
No family wishes to see a child or other family member harmed by a defective product. In reality, people can be harmed by everyday consumer products they have in their homes and do not give much thought to. Globally, greater than 1 million children are killed by preventable injuries they have suffered because of a defective or dangerous product. Developed countries have been able to cut this statistic in half over the past quarter century through education, law enforcement and other safety measures, including product recalls, but dangers still exist. Product recalls occur when manufacturers work with the government to remove dangerous or defective products from the hands of consumers.
Automobile recalls are affecting people in Hennepin County and all over the world. So many people rely on their vehicles and place their trust in various motor car companies that the last thing they expect to happen is for a manufacturing defect or design defect to place their lives and the lives of their loved ones in jeopardy. But it's becoming a daily routine that there are new recalls due to mistakes made because of poorly designed vehicles.
Given the number of people who use their vehicles on a daily basis in Hennepin, a car recall due to a design defect can affect many lives. If there was an accident as a result of car parts or poorly crafted equipment, it's important to know why it happened and how it can be rectified. In many instances, those who suffered serious injury due to a mistake in manufacturing don't know about it until it's too late.
Consumers in Hennepin County may fear that one day they will discover a design defect in a product that they use on a daily basis. With certain food products, this is a constant concern. In some circumstances, consumer injury is an issue, and it takes an unexpected discovery to spur action to put a stop to the marketing of an unreasonably dangerous product.
When pursuing a product liability lawsuit in Minnesota and nationwide, one of the primary questions that must be answered is what type of defect did the product possess. There are three basic types of product defects.
Minnesotans trust their doctors to give them the best available treatment for illnesses and diseases that are available. Medical devices have come a long way in the past few decades in making peoples' lives more comfortable and healthy. However, not every medical product created is safe. Some defective products have the potential to cause serious injuries and even death.
A case involving a potentially defective design of washing machines has been allowed to proceed as a class action by the U.S. Supreme Court. The Court refused to hear an appeal by the manufacturer, who was attempting to prevent class certification, which would effectively prevent lawsuits based on the alleged design defect of some front-loading washing machines that become moldy and emit odors.