Product misrepresentation is an issue in any product liability case that must be analyzed. If the product is a child’s toy, then how it is portrayed on TV or perhaps even in animated commercials may be significant. If the toy is used in a violent fashion in a manufacturer’s advertising, then it is reasonable to expect that a child in seeing that may think that the toy can likewise be used in that fashion.
The representation that baby oil is pure and gentle may be a basis for liability if the danger associated with inhalation of the baby oil is not set forth.
The mere appearance of the product itself may be a form of representation. A piece of construction equipment that on its face appears to be well grounded and stable may still tip over in some circumstances. If that danger is not disclosed, then the mere appearance of the equipment may be a basis for liability.
If you have been injured as a result of a product misrepresentation or defect, contact us.
For additional product liability law information see, issues in product liability claims and product misuse defense.
