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There are three types of product liability claims that you can make if you have suffered an injury. These cases can be quite complicated and often take a while to resolve, but they can also result in significant money for victims.
To win a products liability claim, you must show that the product was defective and that it caused your injury. There are three theories of liability: design defects, manufacturing defects, and failure to warn.
Design Defects
Product designers have a responsibility to make their products safe for consumers. This involves designing the product properly, making it correctly and ensuring it has proper labeling and warnings.
A design defect is when the manufacturer failed to meet these requirements. In this case, a consumer may be able to bring a claim against the manufacturer if they can prove that the defective design caused their injuries.
In order to prevail in a design defect case, a plaintiff must be able to prove that a better design would be safer and more practical from an economic and utilitarian perspective. In some jurisdictions, this is called the “risk-utility” test.
If you were injured by a product that was defectively designed, a defective product attorney can help you determine whether you have a product liability claim and how to proceed with it. We can help you recover the compensation you need to cover your medical bills, lost income, and pain and suffering.
Manufacturing Defects
A manufacturing defect is when a product is made in a way that causes harm to the consumer. This type of defect can be triggered by many different factors, but it usually involves the manufacturer’s defective workmanship or poor quality control during the production process.
This is why a lot of manufacturers go to great lengths to avoid defects in their products. Typically, this is accomplished by implementing quality assurance and research and development standards that limit the number of defective products that reach consumers.
However, there are also instances when a manufacturing defect can slip through the cracks. In those cases, a company may be held liable in court.
These types of product liability claims can arise from a wide variety of products, including automobiles, household appliances, power tools, and even e-cigarettes. A consumer who suffers an injury from a faulty product can seek compensation for their injuries and losses by filing a lawsuit against the manufacturer.
Marketing Defects
One type of product liability claim is known as “marketing defects.” These claims involve flaws in how products are marketed, such as labeling errors or inadequate instructions for proper use. These can lead to serious injuries and property damage.
Marketing defect cases are usually rarer than other types of product liability claims, but they can be extremely profitable if proven. In order to bring a valid marketing defect claim, three conditions must be met:
Manufacturing Defects
Product manufacturers can also be held liable for manufacturing defects. These are issues with a product that occurred during the design and development phase of manufacturing.
These include plastic hand guards with oversized openings that allow hands to slip through easily, or a table saw with a faulty blade guard that cuts a user’s fingers. In these cases, the victim must prove that the manufacturer knew the product would be dangerous and that they failed to take foreseeable risks into account.
Failure to Warn
Product manufacturers have a responsibility to warn consumers about the risks of using their products. This includes providing warning labels that clearly explain the dangers associated with a particular product and an owner’s manual that contains instructions on how to use the product safely.
When a company fails to provide sufficient warnings, they may be held accountable for product liability in a failure to warn claim. These claims can be difficult to pursue, but a product injury lawyer can help you determine if you have a case and can help you get the compensation you deserve.
Under strict liability law, a manufacturer has a duty to warn consumers about foreseeable risks that they should have known about, even if they didn’t know about them at the time of manufacture. This means that a manufacturer must continually monitor its product and warn owners if they learn of any new risks or if they discover a risk that they should have known about.
