TYPES OF DEFECTIVE PRODUCT LIABILITY CLAIMS
Consider any product you recently bought. You trust the purchased product meets all safety considerations, is manufactured flawlessly and includes all of the necessary safety warnings. If all of the above standards are not met, you can file a product liability claim. Keep these standards in mind when asking the question, “what is product liability?” According to FindLaw, product liability is holding a manufacturer or seller responsible for placing a defective product into the hands of a consumer.
In a product liability case, the injured party must prove a product’s defect, which made the product unreasonably dangerous, directly caused their damages. There are many types of defective product liability claims. Product defects can range from an error in a single unit to a defect that makes a product line dangerous! Below are three types of product liability.
A manufacturing defect is the simplest type of product liability. It is the single manufacturing error in one specific product causing an injury. A product liability example that is classified as a manufacturing error is when one individual unit is made differently from the intended design of a product line. That individual unit, responsible for causing an injury, is different from all of the other products in its line. An example of a manufacturing defect is a single car in an entire automobile model line having a faulty set of brakes that malfunctions, which results in an accident.
A design defect is an entire product line having a design issue or problem that makes all of the units in that product line unreasonably dangerous. Unlike a manufacturing defect, a single error in the manufacturing process, which differed from the planned design, did not cause this type of product liability. This claim states that the planned design of an entire product line has made each unit in that line dangerous. The party responsible for the injury is the design team that drew up the blueprint and calculated the manufacturing specifications. Proving a design defect generally needs an expert involved to prove a product line’s design. Demonstrating an alternative design option at a reasonable cost is one proof for this product liability example.
Marketing defects are “failures to warn”, because a product is required to include usage instructions and proper warnings about product dangers and risks. According to FindLaw, a manufacturer has two responsibilities when including instructions and warning labels. First, a manufacturer’s requirement is to warn users of hidden dangers that may be present in a product. Second, the manufacturer must instruct users how to use a product in a safe way that avoids dangers. Injuries caused by obvious risks, such as a cut caused by using a sharp tool, are not marketing defects.
PURSUING A PRODUCT LIABILITY CLAIM
Although there are various types of defective product liability claims, proving product liability always requires you to show that not only was a product defective but that the defect caused your injury. This proof is challenging, which makes a personal injury attorney important when pursuing a product liability claim.
The Spear Greenfield legal team has product liability case experience. We also have access to experts who may be necessary for proving product liability. Our attorneys are here to represent your best interests and win you the money that you deserve! Our legal team actively learns about your product liability incident and offers you the best legal advice from our over 200 years of experience. Call us today for a free legal consultation, because we will never sell you short!