There are three main reasons that a product may be found to be defective. The first is a defect in the way the product is designed. The second in a defect in the way the product is manufactured. Last, the way in which a product is marketed could be defective as well. While it is of course possible that a product could be defective in more than one way, to have a viable products liability lawsuit, at least one of these needs to exist.

Recently a defective product was recalled due to a manufacturing defect. More than 3 million cans of tuna sold under the brand names Bumble Bee and Chicken of the Sea are included in the recall. The tuna was fine at the time it was placed in the 5-ounce cans. The manufacturing defect is due to the way in which those cans were sealed once the tuna was there. According to individuals at the companies, the faulty seal could make it possible for the tuna to spoil, ultimately leading to consumers of the fish becoming sick.

Though at this point no one has reported falling ill due to consumption of the tuna and both companies indicate that the sealing issue has been rectified, cans affected by the recall were still available and being sold in stores earlier this month. If someone does become ill due to the issue it is possible that a products liability lawsuit would be appropriate. Though often complex cases, depending on the extent of injuries suffered it is possible that the case would be worthwhile.

Source: USA Today, "Tuna recall expands to more than 3 million cans," Kim Painter, March 9, 2013

• Consumers who purchase products expect that they will not inflict harm. Unfortunately this is not always the case. Our firm handles similar situations to the one discussed in this post. If you would like to learn more about our practice, please visit our Pennsylvania defective products page.