Products that are sold defective end up injuring thousands of people each year. There are so many hazards and risks that we are exposed to every day ranging from defective vehicle parts to recalled furniture. If you find yourself injured because of a defective product, you have rights. If you work with a lawyer, you might be able to make a product liability claim for any damages you have experienced. You may be able to get compensation from the manufacturer, seller or designer of the product that harmed you. However, before deciding to file a lawsuit for a product liability claim, it is necessary to understand the nature of the different claims.
The first type of product liability claim is based on the product having a design flaw. When a lawsuit is based on a defective design of a product, it alleges that the product in question is dangerous in its own right. This is different than alleging the product was flawed during the manufacturing process. For this claim to be used, the product needs to be considered “unreasonably dangerous” to either the user of it or people in the vicinity of a product being used. Because of this, you don’t have to be the user of the product to file a claim.
A manufacturing defect product liability claim is the most common type of claim. This is a lawsuit which is filed alleging that a product sustained dangerous defects during the manufacturing process and does not inherently have a dangerous design flaw. Manufacturing defects are ones that are caused during the creation of it and its intended use is not safe for an ordinary customer.
An example of this would be a new set of vehicle tires. They are designed to support the weight of a vehicle and be resistant to punctures and wear and tear. However, if during the process of manufacturing them saw dust was accidentally spilled into the adhesive glue which secures the tire, this could result in a huge risk of the tire tread getting separated. This could result in a tire blowout and cause a bad accident.
Label or Warning Defects
A label or warning defect is a common product liability claims. This focuses more on a warning label defect or basic warning defect. The person making the claim must allege that there is some form of inherent danger from using the product and the manufacturer failed to adequately warn of this danger. This is a widespread type of claim filed for many prescriptions. Some patients may take prescriptions not knowing the full risk of side effects they could bring. If these side effects were not originally disclosed by the pharmaceutical company, then the patient is able to make a product liability claim.
When strict liability is placed on a defective warning label, it may apply to both unavoidable and non-avoidably unsafe types of products. However, manufacturers are not always required by law to warn consumers of every possible risk from using their products. Additionally, a warning might be found defective for other reasons such as being worded inadequately for consumers to understand or not written in a way where the warning is accurately conveyed.
In order to make a product liability claim, one needs to fully understand which type of claim to make. To do so successfully, you should consult a reputable lawyer who can walk you through the process. Product liability claims are important in getting dangerous products taken off the market or their designs changed for the safety of consumers everywhere.
Learn more about Product Liability Lawsuits.
Share this Post