You can launch a product liability claim if you use a product and get injuries from it. The type of claim depends on the category of defects. Also, product defective laws vary greatly. Learn about the three common types of product liability claims.
1. Defectively Manufactured Products
Defects during the manufacture of a product are obvious causes of product liability claims. The defect happens because of some errors that affect the manufacture of the product. The error makes the product different from similar products on sale. Some common types of manufacturing defects include a poisonous substance in a product, cracks or loose parts of a machine, and missing sections of a product.
Defectively manufactured products can cause significant damage to people who use them. If you use defective merchandise, you can get compensation for lost wages, prescription medication, ongoing care, surgeries, and hospital bills.
However, proving manufacturing defects is not easy. Your attorney must prove that the product contained a defect and is different from similar products. Your attorney must also convince the court that the manufacturer was aware of the defects but failed to take any corrective action. The court will also want to know how the defect was directly responsible for your injury.
Even if the product causes injury, you must prove that the injury caused significant damage to your life. For example, the products might have led to discomfort, pain, and medical expenses.
In some cases, defectively manufactured products can lead to death. In this case, the victim's loved ones can get compensation due to the wrongful death liability.
2. Design Defects
While manufacturing defects affect one or two products, design defects affect all products in that product line. The problem is not because of manufacturing error but due to a defect that happened during the design stage. Design defects are available in every item in the product line but may not necessarily cause injuries in everybody who uses the product.
Victims of design defects usually sue the company that designed the product and not the seller or manufacturer of the product. Most design defects cause injuries, but others can reduce the effectiveness of the product. For example, you may have an electronic device that generates excessive glare, which makes it difficult to use the device.
Another way to win a design defect is to argue that the defective product's risk outweighs the benefits. If pursuing a strict liability case, the product designer can still be liable even if they took all measures to design a safe product. In this case, you just have to prove that the product can cause injury.
3. Labeling or Warning Defects
A product that is safe to use might have other forms of danger without proper usage. Therefore, manufacturers must take measures to clearly label and provide warnings to users about the product's possible risks. Common examples of possible dangers include the ability to cause injury, flammability, and choking hazards.
Even if the manufacturer includes the warning, they can still face a product liability lawsuit. This can happen when the manufacturer uses incorrect wording or doesn't locate the warning in a conspicuous place on the product. Other circumstances surrounding the manner in which the warning is displayed can also lead to product liability.
However, manufacturers can only provide warnings of risks that they know. That means the manufacturer must have prior knowledge of a prevailing risk and include it in the warning.
Did you use a product that caused severe injuries to you? The Law Offices of Janice Maloney is a law firm that provides personal injury legal services. In addition to product liability, we can also help with personal injury cases, nursing home negligence, and medical malpractice.
Contact us today for more information.
