If You Were Hurt on a Recalled Trampoline: What a Product Liability Claim Has to Show
If you were hurt, or your child was, the legal question is when a business that made, imported, distributed or sold a product is responsible for an injury the product caused. That is the area of law called product liability. It is mostly state law, so the answer can differ depending on where you live or where the injury happened; no single state's version applies everywhere.
In general terms, a product liability claim asks about three things. The first is a defect. Under 16 C.F.R. § 1115.4, a defect is "a fault, flaw, or irregularity that causes weakness, failure, or inadequacy in form or function." The regulation explains that a defect can come from a manufacturing or production error, from the design or materials, or from a product's "contents, construction, finish, packaging, warnings, and/or instructions." That regulation guides what firms report to the CPSC. It does not decide a state-law injury claim, but the categories are familiar ones: manufacturing, design and warning problems.
The second is causation, meaning that the defect is what actually caused the injury, not something else. The third is damages, the losses the law may allow a person to recover, which can include categories such as medical expenses, lost earnings and pain and suffering, depending on the state.
For a family weighing what happened, these three questions sort what is already known from what is still open. A broken weld on a recalled model may speak to the defect question, while medical records and an account of the fall speak to causation and damages. Where one of the three is unclear, that gap is often what a conversation with an attorney focuses on.