When a defective product causes serious injury or death, the manufacturer will often try to blame the victim. There are many ways manufacturers victim blame. Some common tactics include arguing that:
- The victim used the product incorrectly. This is a common tactic, even when the consumer used the product safely and reasonably. For example, a manufacturer might claim that a person injured by a defective car was not operating the vehicle correctly.
- The victim was aware of the risks associated with the product. This tactic is often used when the product has a known danger, such as a power tool that can cause serious injury if not used properly. However, just because a product has a known danger does not mean the victim is to blame for their injuries if the product is defective.
- The victim was simply unlucky. Companies will sometimes claim the victim simply suffered an unfortunate accident. However, this is often not the case. Many victims will suffer the same injury due to a defective product.
Corporations often try to plant seeds of doubt if consumers are injured by one of their products. They do this to discourage lawsuits. Nonetheless, if you’ve been injured by a defective product, don’t let yourself be intimidated.
Attorney J.J. Dominguez of The Dominguez Firm explains. “If you were injured by a defective product, speak to a product liability lawyer right away. Often, manufacturers try to blame the victim if they are injured or killed due to a defective product.
Here are two examples of manufacturers or corporations that blatantly tried to avoid blame for dangerous, defective products:
Johnson & Johnson. In the 1970s, Johnson & Johnson knew its baby powder contained asbestos, a known carcinogen. However, the company hid this from consumers and continued to sell the product. As a result, thousands of people, primarily women who used Johnson & Johnson baby powder developed cancer. Still, the company blamed junk science, family genetics and biased verdicts instead of telling the truth and pulling its talcum powder product from shelves.
Fiat Chrysler. In 2017, Fiat Chrysler recalled millions of vehicles after it was discovered the vehicles had a defect that could cause the airbags to deploy unexpectedly. The defect had been known to the company for years, but Fiat Chrysler had failed to fix it. As a result, at least 10 people were killed and dozens more were injured.
Recently, the first death linked to a Peloton exercise bike made headlines. A man in New York was killed instantly when he tried to use his Peloton bike to lift himself off the floor. The bicycle spun around and hit him in the face and neck, severing his carotid artery. His family is suing the company, claiming the bike was defective and unreasonably dangerous. Peloton is denying liability and says the man’s negligence caused his death. The lawsuit is still pending.
These are just some examples of how manufacturers try to blame the victim when one of their defective products causes serious injury or death. If you have been injured by a defective product, it is important to speak to a personal injury lawyer who specializes in product liability claims.
Here are some additional tips for victims of defective products:
- Keep all documentation related to your injury, including medical records, receipts, and photographs.
- Get a copy of the product’s instructions and warnings.
- Contact the manufacturer and report your injury.
- Speak to a personal injury lawyer as soon as possible.
Remember, you are not to blame if you are injured or lose a loved one due to a defective product. You have the right to seek compensation for your injuries or loss and a product liability attorney can help you seek justice.