When a person is injured by a product in Idaho, it is imperative to get help from a seasoned products liability lawyer. The rules are complicated and the law is unforgiving. This article will explain some of the basics of Idaho products liability law.
First, there are various claims that can be made against a manufacturer. These include strict products liability, negligence, breach of warranty, and a failure to warn. The focus of products liability is on whether the product was dangerous when it left the manufacturer. Strict products liability, negligence, breach of warranty, and a failure to warn can really be placed into categories. These categories are design defects and manufacturing defects.
A manufacturing defect is one which occurs at the factory to just one or two products. In other words, the product’s design is safe, but for some reason, the particular product that injured a person was dangerous. This is usually the result of some negligent act by the manufacturer during the manufacturing process.
A design defect occurs when a whole product line was designed defectively. An example of this might be a line of cars where the gas tank is located in a vulnerable spot that results in explosions during a car accident. Since the gas tank was designed to be in that location, then the defect is said to be a design defect.
A design defect includes a failure by the manufacturer to warn of dangers. For instance, if a lawn mower failed to warn the user of the danger associated with putting a hand near the blade, that could be a failure to warn. In other situations, a failure by the manufacturer to provide adequate instructions on how to operate a machine or prepare a food could be a defect.
The important thing to remember in all of this is that an injured person must prove three things. First, that he or she was injured by the product. Second, that the injury was the result of a defective or unsafe product. Third, the defect existed when the product left the manufacturer.
The term “defect” has specialized meaning in this complicated area of law. According to Idaho Courts, it means that the product is unreasonably dangerous beyond the normal expectations of an ordinary user. This is almost always determined on a case by case basis which further complicates products liability.
This area of law often requires expert witnesses with special disclosure requirements. It is complicated and highly recommended that a person who has been injured by a product contact an experienced lawyer.
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