Consumers reasonably expect the products they buy and use to be safe when they’re used as intended. Unfortunately, defective appliances, tools, vehicle components, medical products, children’s products, and other consumer goods can cause serious injuries.
When that happens in Delaware, determining who is legally responsible can be more complicated than simply blaming the company whose name appears on the product. Manufacturers, distributors, retailers, and other businesses in the supply chain may become relevant depending on how the defect occurred and the legal theory involved.
Delaware also has some distinctive product-liability rules. Most notably, Delaware courts have held that traditional strict liability in tort does not apply to products-liability claims arising from the sale of goods in the same manner it does in many other states. Instead, negligence and warranty law can play particularly important roles.
What Makes a Product Defective?
A product-related injury does not automatically mean the product was legally defective. Generally, the injured person must connect an unsafe condition or wrongful conduct to the injury.
Product cases commonly involve three broad types of problems: a dangerous design, an error during manufacturing, or inadequate instructions or warnings.
For example, a power tool could be manufactured incorrectly and malfunction, while another product might be built exactly according to specifications but have an unsafe underlying design. A medication, chemical, or piece of machinery could potentially create a different issue if foreseeable dangers were not adequately communicated.
Identifying the nature of the defect is often the first step toward identifying the responsible party.
The Manufacturer May Be Responsible
Manufacturers are frequently central defendants in defective-product cases because they control how products are designed and produced.
A manufacturer may potentially face liability when its negligence in designing or manufacturing a product causes an injury. Warning-related claims can also arise when a manufacturer allegedly failed to provide adequate information about a product’s dangers.
Can a Retailer or Seller Be Liable?
The store or business that sold the product may also need to be investigated, but sellers have important protections under Delaware law.
Delaware recognizes a sealed-container defense for qualifying sellers. A seller may have a defense to certain defective-design or manufacturing claims when, among other requirements, it received and sold the product in a sealed and unaltered condition, did not know about the defect, could not have discovered it through reasonable care, and did not cause the defect through its own actions.
Warranty Claims Can be Especially Important in Delaware
Because of Delaware’s treatment of strict tort liability in sales cases, warranty law can be particularly significant.
Delaware’s Uniform Commercial Code recognizes express and implied warranties. It also provides that a seller’s express or implied warranty can extend to a natural person who could reasonably be expected to use, consume, or be affected by the goods and who is injured by a breach of that warranty.
What Does an Injured Person Need to Prove?
The elements depend on the particular legal claim, but simply showing that an accident happened is generally not enough.
A defective-product case may require evidence establishing:
- The nature of the defect or negligent conduct
- Which company was responsible for it
- How the product reached the injured person
- That the defect or negligence caused the accident and injuries
- The extent of the resulting medical, financial, and other damages
Expert testimony may become especially important in cases involving complicated machinery, engineering questions, vehicle components, medical devices, or disputed product designs.
Preserve the Product After an Accident
One of the most important practical steps after a defective-product injury is preserving the product itself.
Do not immediately throw away, repair, or return the item if it can safely be preserved. The product may become critical physical evidence that experts need to examine.
Seeking Legal Guidance
Nitsche & Fredricks LLC can help injured Delaware consumers investigate how an accident occurred, identify potentially responsible parties, preserve important evidence, and evaluate the legal claims that may be available based on the circumstances.
