Manufacturers are liable for injuries caused by defects in the design, manufacture, and advertising of their products.
Product liability has been on many people’s minds lately after a massive recall of IKEA furniture. The Swedish furniture giant has recalled nearly 36 million chests and dressers in the US and Canada after the products were blamed in the crushing deaths of 6 children.
IKEA has said that their products meet all mandated stability requirements for Europe and other parts of the world, but apparently were not quite up to a standard applicable in North America. When the products are not anchored securely to walls, they can topple over and pose a threat to children. This kind of furniture-related danger is not as uncommon as you might think—in the US, one child is killed every two weeks by tipped over furniture or TV sets falling on them.
Based on this news story, you may be wondering…
…How Can I Tell When a Manufacturer is Liable for Injuries and Deaths Caused by Their Products?
The simplest answer is: call an experienced personal injury attorney such as Michael A. Kahn. Attorney Kahn can go over the specifics of your case and let you know whether or not you have grounds for legal action against the manufacturer.
The three different types of defects that manufacturers can be liable for are:
Defects in Design: When some aspect of a product’s design makes it likely to cause injuries, the manufacturer can certainly be held liable. An example might be some kind of electric device where the wiring is not properly shielded and could easily cause a shock.
Defects in Manufacturing: One defective product might be an accident. But when products are consistently manufactured with known defects, the manufacturer is undeniably liable. An example of this is the Takata airbags, which were built using flawed airbag canisters.
Defects in Advertising: A product’s advertising materials, instructions, or warning labels can also be defective. This is why your hairdryer comes with a warning saying not to use it in the bathtub—if it didn’t carry the warning and someone was hurt, the manufacturer could be liable.
What Defects Apply to the IKEA Dressers?
The issue with the recalled IKEA dressers is probably a combination of defects in design and defects in advertising. The company many not have given sufficient warning that the dressers MUST be anchored to a wall to be safe. They may also not have been careful enough to address tipping hazards in the design and balance of the dresser. It seems likely that some of the families will try to bring a wrongful death claim against the company.
Questions About a Product Liability Case?
If you have questions about a potential product liability case, Michael A. Kahn is here to help. Please call (310) 209-1600 to request a free initial consultation where you can discuss your case.
