Defective products are products that cause injury to an individual for reasons including:
Defective products may be anything from energy drinks to real estate. In some cases, a defect in a product is discovered at the time of a routine inspection.
In other cases, defects are not discovered until the product has been sold or is on the market. Defective products are unreasonably dangerous when the product is used for its intended purpose without any alterations or interference.
A defective product causes injury to a consumer due to:
- A design defect;
- A manufacturing defect; or
- A marketing defect.
Examples of a defective product may include:
- A food item;
- A medical device; and
- A children’s toy.
What is Product Liability?
Product liability is the liability of a manufacturer, seller, or retailer of a product when a defective product is allowed to reach consumers, regardless of the consumer’s negligence. Product liability laws determine the party that is responsible for a defective or a dangerous product.
All of the parties in a distribution chain may be held liable under the theory of product liability. The laws governing product liability claims may vary by jurisdiction.
Every state has commercial statutes that model the Uniform Commercial Code (UCC). The UCC contains warranty rules that affect product liability.
What is a Defective Product Injury?
Products may be defective for several reasons, including:
- Design;
- Manufacturing; or
- Warnings about dangers.
These defects may cause the user of the product to be injured by that product. If the defective product does cause injury, the purchaser may be able to recover damages.
The individual who is injured may sue the manufacturer of a product of the party that was responsible for repairing the product. The individual who is injured may also sue the seller of a product.
This may include a distributor or wholesaler that is responsible for getting a product from the manufacturer to the retailer. This may apply even if the seller did not cause the defect.
How Do I Prove a Defective Product Claim?
There are 4 legal theories under which an individual may bring a product liability claim if they have suffered an injury or damages because of a defective product, including:
- Breach of express warranty;
- Breach of implied warranty;
- Strict product liability; or
- Negligence.
A breach of express warranty occurs if the product violated an express warranty that was guaranteed by the manufacturer. This type of warranty may be created by:
- A promise by the seller regarding the product;
- A description of the product; or
- A model of the product.
An implied warranty does not have to be expressly written or guaranteed by the manufacturer. It is a warranty that the product is fit for the purpose for which it was sold.
This type of warranty automatically applies when a seller offers a product for sale, even if the seller does not indicate anything about how the product will perform. There are 2 common implied warranties, an implied warranty of merchantability and an implied warranty of fitness for a particular use.
An implied warranty of merchantability guarantees that the product is fit to use in a way that it is supposed to be used. The implied warranty of merchantability guarantees several things, including that:
- The product is suitable and fit and may be used for the ordinary purposes for which buyers would intend to use it;
- The product’s quality is adequate; and
- The product conforms to promises that were made by the manufacturer, typically found on the container or label.
An implied warranty of fitness for a particular use applies when a product is provided after an individual tells the seller they want to use a product in a specific way. By giving the individual the product, the seller warranties that the product is fit for the use the individual intended.
This type of warranty applies when:
- A seller knows the buyer will be using the product for a particular purpose; and
- A seller knows that the buyer is relying on the seller’s expertise and knowledge about the product’s ability to be used
- in the way the seller requires.
A strict liability product defect arises when an individual buys a product that was defectively designed, manufactured, or had a lack of warnings which resulted in an injury to the purchaser. This concept typically applies in circumstances when a product is inherently dangerous or hazardous.
Another defective product claim is negligence. Under this legal theory, the consumer is required to show that the defendant was not reasonably careful in making or distributing the product and this carelessness caused the consumer’s injury.
What is an Energy Drink Overdose?
An energy drink is a flavored beverage that contains ingredients that act as stimulants which provides the consumer with a boost of energy. Some of these drinks contain high amounts of caffeine, vitamins, and other ingredients.
Therefore, caution should be exercised when consuming these types of drinks. Energy drinks may be associated with various health risks and dangers, including:
- Caffeine overdose;
- Heart palpitations, chest pain, and other related symptoms;
- Blood pressure changes;
- Blood sugar changes, as many energy drinks contain high amounts of sugar;
- Risks of brain injury; and
- Kidney stones and other kidney problems.
The most concerning health risks related to energy drinks include heart injuries and brain injuries. Irresponsible or excess consumption of these types of products may lead to serious injuries, which can sometimes be fatal.
Who can be Held Liable for Injuries Caused by Energy Drinks?
Depending on the situation, there are different parties that may be held liable for injuries or medical conditions that are caused by energy drinks. In some cases, an energy drink manufacturer may be held liable for injuries that are caused by a product defect.
One common defect associated with energy drinks is when the product fails to contain clear warnings regarding the health risks and dangers that are associated with the drink. In these types of cases, a manufacturer may be held liable for injuries under a product liability legal theory.
Another example of manufacturer liability is when a manufacturer uses ingredients that are illegal or that are in doses that are too dangerous for consumers. In other cases, an individual may be held liable for giving, or serving, an energy drink to another individual when they know it may be dangerous or cause a health risk.
For example, if a restaurant establishment knowingly served an energy drink that they knew was dangerous or subject to a recall.
Are there Any Legal Remedies for an Energy Drink Overdose Claim?
Energy drink injuries may be very dangerous and may require legal action to remedy any issues involved. In these types of lawsuits, the legal remedy would typically include a monetary damages award.
These damages may cover costs such as:
- Hospital bills;
- Medical expenses;
- Costs associated with rehabilitation;
- Lost work wages;
- Pain and suffering; and
- Other losses.
In cases where an energy drink product poses a great deal of risk to consumers, the product may be subject to a recall. In some cases, class action litigation may also follow.
Do I Need a Lawyer for Assistance with an Energy Drink Overdose Lawsuit?
An energy drink lawsuit may be complex. If you have been injured by an energy drink, it may be helpful to consult with a defective products lawyer.
Your attorney can provide you with legal advice and research for your claim. Your attorney can represent you in court as well.
