Defective product claims come into play when you have been injured or suffered other damages as a result of a product you have used. This could have been due to the product manufacture, a defective design, or failure to provide adequate warnings or instructions concerning the proper usage of the product. All of these will be explained in-depth below.
Defectively Manufactured Products
The most obvious type of product liability claim happens to be when a defective product was manufactured the wrong way, causing it to end in injury. These products are usually flawed because of the fact that there was some error in making it, which could mean that there was a problem at the factory where the manufacturing occurred. This makes the injury-causing product different from every other product on the shelf. Examples of these defects can include a swing set with a cracked chain or a moped that is missing its brake pads. You would have to show, in a case, that the defect actually caused your injury and wasn’t a result of your actions.
Defectively Designed Products
In this type of liability, a product’s design is dangerous or defective in nature. Defective design claims don’t arise from errors in the manufacture process like what was previously mentioned. The product that caused injury could have been made perfectly to certain specifications, but involve the claim that all products on that line of products could be dangerous. Examples of this could include a particular model of car that has a tendency to flip over when turning a corner, or a line of electric blankets that can electrocute the user when turned on high. However, again, the injury must have been caused by the defective design.
Failure to Provide Adequate Warnings or Instructions
In a failure-to-warn claim, there is usually a product involved that is dangerous in some way and it isn’t outright obvious to the user. It also doesn’t require the user to exercise special precautions or diligence when they are using it. Examples can include an electric teakettle that is packaged without warning concerning a bad steam valve or a corrosive paint-removing chemical that is sold without instructions for safe handling and use. The injury must have happened as a result of a failure to warn or properly instruct.
Were You Using the Product As Intended?
A defective product claim could end up relying on the fact that you used the product in a way that the manufacturer intended consumers to use it. The manufacturer must have made the product safe for certain purposes and if you use it for something else and end up injured as a result, your claim may be nonexistent. This doesn’t always mean that the way you used it has to conform exactly to the manufacturer’s specifications, though; it is just a reasonable statement of such and you must be able to meet that requirement.
Product liability claims could end up being complex and follow a set of rules you may not be accustomed to. Having a lawyer on your side could prove to be extremely beneficial. Call Welebir | Tierney today to speak to an attorney that you trust.