At Soroka & Associates, we understand the product liability laws that govern when injury victims can hold manufacturers strictly liable for defective products. The essence of a product liability claim is that: A product must be defective at the time it is used. The defect must be the proximate cause of your injuries or the death of a loved one. “The manufacturer designed, formulated, produced, constructed, created, assembled, or rebuilt the actual product that was the cause of harm for which the claimant seeks to recover compensatory damages.” A product is defined as: “Any object, substance, mixture, or raw material that constitutes tangible personal property and that satisfies all of the following: It is capable of delivery itself, or as an assembled whole in a mixed or combined state, or as a component or ingredient. It is produced, manufactured, or supplied for introduction into trade or commerce. It is intended for sale or lease to persons for commercial or personal use. Products are generally considered defective if one of the following conditions applies: The product is defective in manufacture or construction. Products are considered defective in their construction or manufacture if they deviate in any way from the manufacturer’s formula or performance standards, even if the manufacturer used “all possible care in its manufacture or construction.” The product is defective in design or formulation. Manufacturers work with computer software, engineers, doctors, and many other techniques and people to design their products. The burden is on the manufacturer to make sure the product is designed properly. Products are considered defective if the foreseeable risks/dangers outweigh the foreseeable benefits and foreseeable uses. The product is defective due to inadequate warning or instruction. Manufacturers must notify users of reasonable known risks and clearly explain the proper way to use the products. For example, drugs should warn users of the side effects. Manufacturers should warn consumers that products are flammable or create electrical hazards. The product fails to conform to representations made by the manufacturer. If it is reasonably foreseeable that a consumer might be injured while using their product, a manufacturer has a duty to warn them of the potential and provide adequate instructions to avoid any injury. This includes drugs that don’t warn of possible side effects, or a child’s toy that doesn’t warn of choking hazards.