Do you know thousands of individuals in the US get injured every year due to defective products? If you’re one of these people, you can receive the compensation you deserve by filing a product liability claim.
Product liability cases aim to hold a manufacturer, company, or seller liable for distributing a defective product. As per the law, the defendant has to pay compensation for any harm caused by the defective product.
Generally, product liability claims are based on:
1. Breach of warranty of fitness
2. Strict liability
Luckily, a personal injury lawyer can help you with your defective product case to determine the basis of your claim. Besides, you may find that the jurisdiction in which you file the claim affects its basis. Hence, you’ll need an experienced lawyer that understands the law in your area.
However, no matter the jurisdiction, you must prove that the product was indeed defective. This validates your claim and increases your chances of receiving your compensation.
So, what are the types of defective product liability claims?
1. Defectively manufactured products
This is the most common type of product liability claim, and it’s filed when there was some error in the making of the product. Defectively manufactured products are different from other similar products in the market because they’re flawed, e.g., from a glitch at the factory.
Some examples of defectively manufactured products include:
• A bicycle with a cracked frame
• A tainted batch of cough syrup containing a poisonous substance
• A vehicle manufactured with defective tires
For your defectively manufactured product case, you’ll need to prove that your injury was caused by the manufacturing defect. For instance, if you drive off a road, you’ll have to prove that the car’s defective tires caused your accident and not your poor steering or negligence.
2. Defectively designed product
These products feature a design that’s defective or inherently dangerous. In this type of defective product claim, an entire range of products is inherently dangerous, unlike defectively manufactured products that only rules out one item.
Here are some design defect examples:
• Airbags that aren’t thick enough to absorb the impact of a collision
• Sunglasses that don’t protect the eyes from UV rays
• A line of electrical tools that can electrocute you when turned on high
Remember, defectively designed products can be made perfectly according to the manufacturer’s specifications, but as long as they cause harm, you can file a claim.
3. Marketing defects
Marketing defects arise when a company or brand fails to warn users about a product, causing injuries. In most cases, marketing defect products are harmful in a way that isn’t obvious to consumers. Hence, the manufacturer must warn users on how to exercise extra caution while using the product to ensure safety and minimize injuries.
Some examples of marketing defects include:
• A cough syrup that doesn’t contain a warning that it may cause harmful side effects when taken with other substances
• A product that doesn’t warn pregnant or lactating mothers against use or consumption
• An electric shaver that’s packed without proper warning that it can cause electrocution when used on high
For marketing defects, you need to prove that the injury was caused by failure to properly instruct or warn.
Defective product injury lawyers
Defective injury cases can be complex, and establishing legal fault can be difficult. You may need the help of experts, and that’s why it’s vital to consult with a defective product injury to get the right legal representation.
At Guy Levy Law, we’re happy to assist you with your defective product injury case, whether the basis is negligence or strict liability. Contact us today to consult with your defective product injury attorney.