Most people are aware that the manufacturer of a product has an obligation to manufacture that product in such way that the product will be safe for the intended and expected uses of the product. However, there is a whole other aspect of a manufacturer's responsibility that goes beyond simply the manner in which they make their product. A couple recent court decisions will demonstrate what is meant.

In one recent decision, a woman was seriously injured when the shorts she was wearing caught on fire, after coming into contact with a lighted match. The shorts were made of a blend of cotton and polyester. This blend of cotton/polyester made the shorts more flammable than if they were made of just cotton, or just polyester. The manufacturer of the shorts did not attach any type of warning to the shorts warning that this cotton/polyester blend made the shorts more flammable than if they were made of just cotton or polyester alone. The manufacturer argued that they had no obligation to attach such a warning, and asked the court to dismiss the case. The court declined to dismiss the case, and said that the plaintiff was entitled to have a jury decide whether the manufacturer should have attached a warning or not.

In another recent court decision, a factory worker lost three and half fingers when the press break machine he was working continued to run briefly after the stop button was pressed. Nowhere in the operating manual, or anywhere on the machine, was there any warning that this would happen. Although they admitted there was no such warning, the manufacturer asked the court to dismiss the case because (they said) the machine was intended to be used by skilled and experienced operators who could be expected to be aware of the risks of operating such a machine. The court decided that the manufacturer was not entitled to a dismissal of the case, because this machine was marketed and sold to unskilled and inexperienced operators as well; and the warnings issued with and on a machine must be sufficient for all foreseeable users of the machine.

There is more to a manufacturer's responsibility than just making the machine itself reasonably safe for all intended uses. Their obligation also includes providing sufficient warnings for all intended or foreseeable users of the product, and covering all intended or foreseeable uses of the product.

When BROWN CHIARI LLP is retained to represent someone who has been injured as a result of a product, this is all part of the evaluation, assessment, and preparation that we do. In product liability accidents it is important to consult experts who are experienced with respect to the manufacture and use of a particular product, and to get early access to the machine or product before the product is destroyed or altered in some fashion. Knowing what to do, who to consult, and what steps to take is all a matter of experience. As a result of handling numerous product liability claims, involving hundreds of different products, we have the experience to obtain the best possible results for our clients.