For a plaintiff to prove that a company was liable for a defect, they must demonstrate that the manufacturer in question had a duty to ensure the consumer’s safety. On the surface this may seem easy to prove, yet many products are by their nature unsafe, so the “duty to safety” is complicated.

Naturally Unsafe Products

When developing a consumer product, designers and manufacturers must ensure that it is safe for its intended use. However, some products will automatically be dangerous regardless of the number of built-in safety measures, such as:

  • Cars
  • Saws
  • Knives
  • Wood furnaces
  • Ladders

Many products that people use on a daily basis have a massive capacity for injury if misused. Manufacturers go out of their way to closely and vigorously instruct users on the safest way to use a tool or device.

Still, misuses are common, no matter the product and measures taken by the manufacturer.