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The most common type of product liability claim involves a product that is dangerous when it’s used as intended or directed. As an example, you can think of lawn darts. These children’s toys consisted of a heavy metal spike attached to aerodynamic fins. When used as intended, the result was a projectile whose design—and sometimes effects—were not much different than a medieval weapon. Because this was sold as a toy and was directed to be used for fun, it became the subject of lawsuits.
Lawn darts, however, constitute one of the most obvious examples of product liability law and how it works. There are other products that are not so obvious. As an example, some coffee pots with timers recently were recalled because they caused fires. When used as intended, they constituted a threat to life and limb, and therefore, there is a product liability issue with those devices. A manufacturer is responsible for the products they release onto the market. There are some cases, however, where they are not responsible.
If you use a product against the directions, the manufacturer is not liable. A defective products attorney will have to take this into account when considering your case. For instance, if you used a drill on a surface that it wasn’t designed for and were injured, it’s not really the manufacturer’s fault, as long as you were warned. Likewise, if you used a hairdryer in your bathtub, it’s not the manufacturer’s fault if you were electrocuted. Unfortunately, there are a lot of these “stupid people” stories around that tend to paper over the fact that many people are injured every year by defective products. In some cases, the manufacturers are clearly to blame.
If you have been injured by a product, you may want to consider suing to recover the damages you suffered. Remember that you have to have been using the product as intended in a situation that any reasonable person would consider safe. If you get injured using a metal ladder because it failed mechanically, you may have a lawsuit. If you get injured using a metal ladder in a lightning storm due to being struck, it’s not the manufacturer’s fault; you should have known better. However, if you were injured, and had every reason to believe the product you were using was safe, you should contact a lawyer.
