Defective Products

A person injured while using a product that was manufactured or marketed in a defective or dangerous way may be able to recover the resulting damages from the responsible party in a products liability-based personal injury suit. Defective product litigation and injury lawsuits involve defective and unreasonably dangerous products that cause personal injuries and even death. Manufacturers of defective products are liable for design defects, improper safety devices and manufacturing defects that cause injury.

What Does "Defective" Mean?

In general terms, a product is considered defective if it is unreasonably dangerous, does not carry sufficient warnings or the manufacturer fails to provide complete and adequate instructions for use of the product.

  • Design defects occur before the product is created, in the initial design and planning stage.
  • Manufacturing errors result from mistakes that take place during the actual manufacturing stage.
  • If a product does not contain proper warnings or instructions for safe operation and someone is injured or killed, then a consumer may be entitled to damages based on this defect.

Case Summaries

The following case summaries are defective product cases we have personally handled and litigated. They are provided for illustrative and informational purposes only, and are not meant to offer legal advice or to take the place of consultation with a qualified attorney with the requisite expertise and experience in these matters. These cases are only a sampling of the actual cases we have handled. While some cases may be similar, each case involves unique parties and specific facts, and the application of those facts to the controlling law may differ significantly depending upon the circumstances. No results or outcomes can be guaranteed in any case.

Carrie S.

Carrie S., of Louisville, Kentucky, suffered a serious burn-like injury as well as irritation, red bumps and skin rash to both wrists after wearing the FitBit Force wristband. The injury later became infected requiring use of antibiotics and gauze wrist wraps for over 10 days. The product was recalled and pulled from the market. We were retained to represent Carrie in a products liability action against the FitBit manufacturer, located in California. Through direct negotiations with the insurance company for FitBit, the case was settled for a confidential amount.

Dylan S.

Dylan S., of Dayton, Ohio, was a young boy riding on a boat with his father as they towed an inflatable inner tube behind the boat carrying relatives. The metal clamp securing the line to the inner tube separated and rebounded into the boat, striking young Dylan in the face. As a result, he sustained severe fractures and loss of sight in one eye. Litigation involving the manufacturer of the tube assembly resulted in a confidential but significant recovery for Dylan.

Call Our Firm Today

At Ewing & Willis, we offer free initial consultations to our potential clients. To schedule a time to come to our Louisville office for sound legal counsel, call 502-694-7420 or email us.