Defective Products
Wrongful Death Lawsuits
Product manufacturers and suppliers have a legal responsibility to protect the consumers who use their products. Unfortunately, defective consumer products, children's products, automobiles and automobile parts, medical devices and machinery enter the marketplace every day and can cause serious injury or even death. In 2004 (latest statistics available), 167,184 people died in the U.S. as a result of injury, and injury deaths accounted for 7 percent of all deaths.*
When a product contributes to someone's death, one or more parties in the product's supply chain may be sued for wrongful death by the representative of the victim's estate or heirs. In some cases, the plaintiff’s attorney may be able to convince the defendant to agree to a settlement figure that is fair to both parties. If the parties cannot agree on a settlement, a lawsuit may be filed. Damages typically account for earnings and other financial aid the deceased would have provided had he/she lived, as well as immediate medical expenses, funeral expenses, loss of companionship and moral support and possibly punitive damages (additional compensation for malicious or willful wrongdoing may be available).
Each state has its own wrongful death statute, but most states have a two-year statute of limitations. If you have lost a loved one and a defective product may be partially or fully to blame, contact a wrongful death attorney immediately.
Defective Product Liability
Product liability law holds manufacturers and designers responsible for products that are either defective or inherently dangerous when used as intended. These laws extend to wholesalers and retailers to ensure they keep unsafe products off the shelves. If one of your loved ones was killed by a defective product, you may be able to file a lawsuit citing negligence, strict liability and/or breach of warranty, all of which are part of product liability law. One or more of the following claims are usually made in a defective products lawsuit:
- Design Defects. The original design was flawed, making it unreasonably dangerous.
- Manufacturing Defects. Although the product may have had a good design, a defect occurred during the manufacturing process.
- Marketing Defects. The marketing packaging materials, instructions and other promotional mechanisms were incorrect or they failed to warn the consumer of potential and hidden dangers.
Types of Deadly Defective Products
At home, on the road, at work or at play — every day consumers enjoy (and often depend on) a whole host of products that are potentially defective or dangerous. Examples of these products include:
Motor Vehicles and Motor Vehicle Parts. Defects in motor vehicles and their parts are the direct cause of fatal accidents and/or fatal injuries in otherwise survivable accidents. Moving vehicles and their parts, including automobiles, trucks and motorcycles, are regulated by the Department of Transportation (DOT). The DOT has recalled more than 390 million cars, trucks, buses, recreational vehicles, motorcycles, and mopeds, as well as 46 million tires, 66 million pieces of motor vehicle equipment (defective automotive products) and 42 million child safety seats because of safety defects. If you have lost a loved one in a fatal car accident, a personal injury lawyer can help determine if a motor vehicle or parts manufacturer should be held liable.
Medical Devices. Over 20,000 companies worldwide produce over 80,000 brands and models of medical devices for the U.S. market. The FDA's Center for Devices and Radiological Health (CDRH) determines whether a medical product is safe and effective and what labeling, including warnings, is appropriate and necessary for a particular product. The FDA also conducts post-market surveillance to detect and respond to (issue a recall, for example) new information about approved products once they are in use in the market. A Class I recall, the FDA's most urgent recall, indicates there is a reasonable chance the product can cause serious health problems or death. Some of the more recent Class I recalls include:
- Sprint Fidelis Defibrillators
- SynchroMed El Implantable Infusion Pumps
- BioGlide Ventricular Shunt Catheters
- Welch Allyn AED 10 and MRL JumpStart Automatic External Defibrillators
- LifePak CR Plus Automated External Defibrillators
- Baxter International Colleague Volumetric Infuser Pumps
- Covidien Tracheostomy Tubes
- Disetronic Accu-Chek™ Ultraflex-1 Infusion Sets
Consumer Products. The Consumer Product Safety Commission regulates 15,000 consumer products, including furnishings, tools, kitchen appliances, household chemicals, lawnmowers, playpens, lights and alarms. All too often these products contain defects that pose fire, electrical, chemical, mechanical and other life-threatening risks. In fact, consumer products are linked to an average of 28,200 fatalities per year. Some of the CPSC's recent defective product recalls include:
- One million Simplicity 3-in-1 and 4-in-1 Convertible "Close-Sleeper" models because the drop-side can detach from the crib, which can create a dangerous gap and lead to the entrapment and suffocation of infants.
- Approximately 1.6 million Maytag, Jenn-Air, Amana, Admiral, Magic Chef, Performa by Maytag and Crosley brand side-by-side and top-freezer refrigerators due to risk of serious fire hazard.
- Some 280,000 FireX Branded 10000 Series Carbon Monoxide (CO) Alarms and 12000 Series CO/Smoke Combo Alarms, posing risk of serious or fatal carbon monoxide poisoning.
- Approximately 2,700 KTM defective all-terrain vehicles because they pose a risk of the rider losing braking and steering control and suffering injuries or death.
Children's Products. Parents buy their children toys, games and furnishings, never imagining that these products could be life-threatening. Yet there are many defective products on the market that could seriously injure or even kill a child. Last year alone, the CPSC recalled 473 types of children's products, many of which pose possibly life-threatening hazards to children, including Delta and Simplicity cribs; Kolcraft Play Yards; Mega Brands Magnetic Toys; and the seemingly endless parade of imports from China (as many as 80 percent of children's toys are imported from China), including high chairs, jewelry, popular Sesame Street toys and Thomas & Friends trains, the last two famously containing dangerously high levels of lead.
Machinery and Industrial Products. Construction equipment, pumps, ladders, punches and presses, and tools such as drills, power saws and compressors are just some examples of machinery and industrial equipment that, when defective, can cause serious injury and death. Manufacturers of machinery and industrial products have a duty to keep the public safe from harm from their products. Employers that utilize these products also are required to protect the general public (as well as their employees) from harm by meeting industry safety standards such as those established by the Occupational Safety and Health Administration (OSHA), making sure that all safeguards on machines and tools are maintained in proper working order and that the tools and machines are used properly.
Even if a product is recalled, the manufacturer can still be held liable for harm. Sadly, recalls are not as effective as they could be — too often defective products remain in use and continue to harm consumers long afterward. If you suspect your loved one may have been killed because of a defective product, you may wish to speak to a lawyer and explore your options. You and your family may be able to obtain compensation in the form of a settlement or court award.
Wrongful Death Defective Product Lawsuits
Product liability cases can be complex and costly. Proving your case may involve scientists, engineers, physicians and other experts who are knowledgeable about issues like product development, government regulations, and medicine. Fortunately, personal injury lawyers are usually hired on a contingency fee basis, meaning they will pay for the litigation (win or lose) in exchange for a percentage of any damages awarded to you in the wrongful death suit.
If a defective product has harmed a lot of people, claims against the same manufacturer (or other defendant) can be joined together in a special lawsuit called a class action. If your loved one has been killed because of a defective product, a personal injury attorney will evaluate your case to determine what course of action is best for you and your family. 
* United States Department of Health and Human Services
[Last revision: July 20, 2010]
Imported products represent approximately 2/3 of all consumer product recalls. Interestingly, imports are substantially on the rise, increasing 217 percent from 1997 to 2007. Additionally, an estimated 90 percent of children's toys are imported.
Sources: Consumer Product Safety Commission; Public Citizen
In 2006, there were 325,742 reports of medical-device associated injuries and deaths related to defects in cardiac equipment (e.g., defibrillators, stents and pacemakers), surgical implants, prosthetic devices, infusion pumps, diagnostic equipment and other medical devices.
Source: Food and Drug Administration, Center for Devices and Radiological Health, Office of Surveillance and Biometrics
From 2003-2005, there was an estimated annual average 171 carbon monoxide deaths associated with consumer products.
Source: Consumer Product Safety Commission