Product safety is often assumed to be the task of a manufacturer to ensure. But when a manufacturer markets a product that may be unsafe, faulty or defective, consumers are often left with the short end of the stick. Consumer's rights should be made aware to every U.S. citizen in order for intelligent and safe purchases be made.



Reasonable Care

The term "reasonable care" or "standard of care" often comes up in unsafe products litigation, and for good reason: a product's liability often comes down to reasonable care. The law expects that both manufacturers and consumers will act with reasonable care.

This means that a manufacturer will develop a product that is safe for a reasonable consumer to use as intended. For example, it is reasonable for a manufacturer to design automobiles to be crashworthy, or able to sustain an automobile accident with minimal impact and injury to passengers. At the same time, it is reasonable for a customer to drive an automobile in a rational and safe manner. The manufacturer cannot be held liable for a driver's erratic decision to drive her car into a ditch regardless of the ultimate crashworthiness of the car.

Reasonable care extends to the actions of consumers when using a product. An example of this comes down to if a consumer disregards a warning label on a product, which was placed on the product under reasonable standard of care.

Unavoidable Dangers

Under the standard of reasonable care, manufacturers are expected to adequately warn consumers about the potential dangers of their products. However, manufacturers cannot be held liable for unavoidable dangers of a product. For example, manufacturers often place potentially unsafe products - such as heavy machinery or drugs - on the market. Consumers who disregard the risks and warnings of heavy machinery or prescription drugs cannot reasonable hold a manufacturer or company liable for their erratic actions.

Caveat Emptor No More?

The law used to favor businesses with a strict caveat emptor ("let the buyer beware") interpretation of products liability law. Although, the judicial system, including courts, are increasingly holding manufacturers responsible for potentially unsafe products.

Businesses are liable for products that pose a danger to consumers. This is a good tool for consumer protection - strict liability laws hold manufacturers accountable for educating the buyer and creating safe products for consumers and gives consumers redress when they have suffered injury from an unsafe product. It is often advisable for an individual who may or may not be aware of consumer rights to contact an experienced consumer rights lawyer for details, which can offer protection and safety. A lawyer with experience in unsafe products litigation can help assess whether you have a valid claim and lead you through the legal process.