Product Liability Litigation

Product liability is the area of law in which manufacturers, distributors, suppliers, and others who make products available to the public are held responsible for the injuries those products cause. TPS offers consultation and failure analysis to provide the cause of problems in question and will be an expert witness if necessary; additionally, we provide documentation as required.

Types of Liability

There are three different types of liability:

  • Manufacturing Defect:¬†occur during the manufacturing process and usually involve poor-quality materials or shoddy workmanship.
  • Design: occur where the product design is inherently dangerous or useless (and hence defective) no matter how carefully manufactured; this may be demonstrated either by showing that the product fails to satisfy ordinary consumer expectations as to what constitutes a safe product, or, that the risks of the product outweigh its benefits.
  • Marketing Defects (Failure to Warn):¬†these types of defects arise in products that carry inherently no obvious dangers which could be mitigated through adequate warnings to the user, and these dangers are present regardless of how well the product is manufactured and designed for its intended purpose.