Unavoidably Dangerous vs. Defective Products: What's the Difference and How Does this Affect My Product Liability Case?

Last updated 11 months ago

Studies by the U.S. Consumer Product Safety Commission show that more than 29 million individuals suffer from injuries due to a defective or unsafe product each year in the United States.  However, an unavoidably dangerous product is not considered to be the same as a defective product and therefore may not fall under the criteria for a personal injury claim.

Unavoidably Dangerous Products

There are a number of products that are not considered to be completely safe even when designed and manufactured properly. An unavoidably dangerous or unavoidably unsafe device is one that is deemed unsafe due to the nature of its use. This may include chemical agents, certain tools, and pharmaceutical drugs. 

Defective Products

A defective product, on the other hand, is a product that is manufactured with a flaw or does not provide adequate warnings regarding foreseeable risks. Nearly all consumer products can be classified as defective products if they meet either one of these criteria. This includes food, toys, real estate, electronics, furniture, motor vehicles, clothing, medical devices, maps, home appliances, office appliances and instruction manuals.

Strict Liability

Many product liability claims are based on strict liability, meaning that the party held liable does not need to have acted carelessly, negligently or be found at fault in order for the claim to be valid. A product liability claim can be filed as long as the product was found to be unsafe and defective, was the direct cause of the injury and the injured party was using the product correctly.

The personal injury attorneys with Malman Law are devoted to protecting the general public from defective or harmful products. Our firm is well equipped to efficiently handle any lawsuits and personal injury claims caused by a product liability defect. Get the legal representation you need by contacting our firm online or calling (312) 983-6193 today!

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