Hidden Defects in Products
In 2000 a rash of Ford Explorers had rollover accidents. The accidents were traced to the tires, Firestone ATXs, installed on every Explorer at the factory. The tire tread was separating. Eventually Firestone recalled 6.5 million sets of these tires. This is an example of a hidden defect, one that is unknown to the manufacturer and to the customer until it appears in use. Where the hidden defect is unreasonably dangerous, the manufacturer is liable. If the manufacturer fails to recall the product in a timely manner once the defect becomes known, the manufacturer compounds its liability because it is guilty of negligence or recklessness.
A manufacturer is liable for hidden defects in a product if:
- The defect is unreasonably dangerous. The hidden defect can be in the design, manufacturing or marketing of the product.
- The consumer must have been using the product in its intended manner. For instance if a teenager is using a bicycle to jump off buildings and is injured he cannot bring a claim for hidden defect. A person who takes 6 aspirins cannot claim injury if the box says to only take 2.
- The consumer did not alter the design of the product in a substantial way. If you lift the chassis of your vehicle, do not complain if it rolls over.
What You Need
At Shoop | A Professional Law Corporation, we can help you seek full damages for your products liability hidden defect claim. Whether it is hidden defects in defective machinery,
defective off-road vehicles or
dangerous infant products, we are prepared to aggressively pursue full compensation for our clients.