Defective Product Claims | Hovde Dassow+Deets

Defective product claims

When a consumer buys a product, they rightfully expect it to perform safely and efficiently. Unfortunately, that isn’t always the case. Use of defective products can result in serious injury and tragic consequences.

Common Defective Product Claims

Often, large companies find that it is less expensive to market a defective and dangerous product rather than make the required safety upgrades to that product. Law firms like Hovde Dassow + Deets have made it a goal to hold these careless corporations responsible for their actions.

A defective product is one that was either designed with defects or was manufactured improperly. Flawed design or manufacturing defects may result in unsafe products that cause injury to consumers. There have been countless cases of defectively or dangerously designed consumer products harming and often killing consumers, including children.

In a defective products liability case, the law may find blame with some or all other individuals involved in the manufacture or sale of a product. This can include the designer, manufacturer, supplier and retailer. These individuals may be held liable for any injury their product causes.


50 Years of Service to the Consumer

For over 50 years, Hovde Dassow + Deets has represented consumers who have been seriously injured by defective products, including:

  • Vehicle Rollovers

  • Unsafe Baby Furniture and Toys

  • Train Accidents

  • Electrical Injuries

  • Boat Accidents

  • Industrial Equipment Defects

  • Infant and Child Automobile Safety Seats

  • Industrial Plant Injuries

  • Commercial Airline Crashes

We have been gratified that some of our successfully litigated cases have resulted in manufacturing and design changes to the products involved.


Common Defective Products Claims

The legal claims most commonly associated with defective product liability claims are negligence, strict liability, breach of warranty, and various consumer protection claims. The majority of product liability laws are determined at the state level and vary widely from state to state. Each type of product liability claim requires different elements to be proven to present a successful claim.

A defective products liability claim is usually based on one or more of the following causes of action:

  • Design Defect

  • Manufacturing Defect

  • A Failure to Warn

In general, defective products liability claims are based not on negligence, but rather on strict liability. Under the theory of strict liability, a manufacturer is held liable regardless of whether it acted negligently. It allows recovery for an injured customer who might be in a difficult position to prove what a manufacturer did or did not do wrong in its design or manufacturing process. It is presumed that a manufacturer with its deep pockets may be better situated to absorb the cost of liability and would consider such expense in setting price for its products.

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