Some products and medications come with specific risks that can’t be avoided without impacting the way the product functions. These products, which are known as unavoidably unsafe, are sometimes the cause of major injuries. For example, someone using a chainsaw can experience an injury even if they do everything right because operating a chainsaw is just dangerous.
From a legal standpoint, it can be difficult to launch a claim for compensation if a product is classified as unavoidably unsafe — but they aren’t impossible. Typically, a user can’t file a lawsuit if they’re using the product in accordance with the instructions and are harmed in a way that’s considered normal for the unavoidably unsafe product.
Many lawsuits that center around an unavoidably unsafe product include a claim of a defect. For example, a malfunctioning blade guard could lead to the user’s amputation when they’re using a table saw. In this case, making a claim for compensation based on a defective product would likely be the chosen option.
Another area that might be the focus of a lawsuit is marketing defects. This has to do with the instructions and warnings that come with the product. If these don’t clearly warn the user of the risks and the user is harmed while using the product in an intended manner, a lawsuit might be in order. The same is true if the instructions don’t provide information about using the product safely.
People who suffer harm from an accident involving an unavoidably unsafe product might want to know if they can’t file a claim for compensation. Speaking with an attorney regarding the case can let them know their options so they can make an informed decision about how they want to proceed with the case.