Can a Condom manufacture be held liable if their product is defective?

Answer 1

Legally yes. You have to prove the product is defective though, and that's going to be tricky. How do you prove that someone became pregnant through a single use of a defective condom? How do you know that there wasn't some after-sex contact that might have resulted in pregnancy? Pre-sex contact? How do you prove the condom was applied and used in accordance with the directions? And the condom makers don't claim 100% effectiveness at preventing pregnancy; nor does any reputable third party, like Planned Parenthood, so where would be your reasonable assumption that relying solely on a condom would definitely prevent pregnancy?

And certain limitations apply. The manufacturers include a lot of warning information with the product. It would be a difficult product liability case to win.

Answer 2

I don't see why a products liability claim couldn't be brought against a manufacturer if the condom was truly defective in the legal sense. The success of the claim is an entirely different story: there are disclaimers on the packaging, and you will have causation problems. However, there is no law insulating condom manufacturers from suit.

Answer 3

sure! agencies might nicely be held criminally to blame. And only so which you be attentive to, no longer something has replaced because of the fact the 60's. If something it has gotten worse. The crooks have positioned their cronies in workplace and that they veto something it extremely is detrimental to them getting the dollars. human beings have lost their lives in a great many circumstances and a pittance substitute into paid to their heirs the two as repayment or for them to drop their case. to avert having to pay out huge dollars, the vehicle industry got here up with the lemon regulation. the situation is that all and sundry would not be attentive to they have a lemon until it extremely is only too previous due (loss of life). The keep in mind is yet another fiasco. they provide you the patch and deliver you on your way. we've come right down to "If it makes it off the line then it extremely is a sell".

Answer 4

Yes, definately, however it would be a tough case to prove. You will need to show there was an obvious defect in the design or that they were negligent in the manufacturing. There is more to it, but that's the quick and dirty. Again, tough going.

Answer 5

neglagance,
if you can prove that the reason it was defective was neglagance then yeah,
i don't think condoms gurantee 100% saftey either.
could you sue a helmet factory if you still got a concussion from falling off your motor cycle?
if the company ignored a manufacturing problem and you could prove you used one of the condoms produced in the time period where they negelected to fix the problem then yeah you have a good case

Answer 6

No- Condom Manufactures should not be responsible for people's stupidity. If people would get back to Abstinence until Marriage and Monogamy after, this really would not be a concern.

Answer 7

No it is said on the package they come in they are not fail safe. They are made of thin rubber and like a balloon they can come with a defect. Think about it !

Answer 8

Have you been watching General Hospital? The fiasco with the ELQ condom?

and I would suspect you could not sue as on the boxes they do all state that they are NOT 100% safe from pregnancy.

Answer 9

I do not beleive that the have ever claimed that their product is 100% successful, even if used correctly. So I would say they couldn't be held liaable.

Answer 10

the manufacture does not guarantee the quality of the product that you use them on so no you can not sue them just because the service you got was unsatisfactory.