Injuries caused from defective products can be serious, and determining who is responsible for your injury can be complicated. In a recent blog post, I provided a general overview on the law of products liability. Below, I will briefly review the legal theories behind defective products and discuss a serious products liability issue that has emerged in Florida and around the country – the case of Takata airbags.
There are three types of product defects: (1) design defects; (2) manufacturing defects, and (3) marketing defects.
A design defect occurs when there is a defect or flaw in the design of the product itself.
In a defective design case, you can expect that all of the products produced will have the same defect because they are produced according to the same production plan.
On the other hand, in a manufacturing defect case, the issue is that while the design of the product may be safe, something went wrong in the manufacturing process that made the product defective.
In a manufacturing defect scenario, you expect that only a small number of the products produced will have a defect because the flaw occurred as a result of the manufacturing process, not the design of the product itself.
Marketing defects refer to a defect in the way in which a product is sold. This may include inadequate warnings or instructions.
The Takata airbag litigation that has been making headlines for the past few years is a great example of a products liability issue. Since 2008, millions of vehicles made by numerous well-known car manufacturers have been recalled due to the use of Takata airbags. It appears that Takata Corp., one of the world’s largest producers of automobile safety features, used airbags that may not have been sealed correctly. As a result of the faulty seal, moisture can enter into the airbag propellant system causing the airbag to explode with excessive force, sometimes sending metal shrapnel flying into the vehicle upon detonation. The defective airbags have allegedly caused numerous injuries and deaths across the country, and many Takata airbag cases have been filed in Florida.
The Takata airbag litigation presents potential issues of defective airbag design (the entire design of the airbag is defective because the wrong sealant was used) as well as negligent airbag manufacture (some airbags were defectively assembled because they were not sealed correctly).
Injuries resulting from defective products like Takata airbags can cause severe physical and emotional stress and even death. If you believe you have been injured by a defective airbag or a loved one has died from the detonation of an airbag, you need an experienced lawyer to assess your case. Board Certified Personal Injury attorney Bryan Caulfield has decades of experience in products liability and personal injury cases. Call Bryan Caulfield today for a free consultation.