Types of Product Liability Claims

Types of Product Liability Claims

Defective products are the cause of thousands of injuries every year. From recalled airbags to dangerous drugs, too many hazardous products are sold to consumers. If you are injured by a defective or dangerous product, you may have a product liability claim against the designer and manufacturer, as well as any distributor or seller in the chain of distribution that may be liable for your injuries. There are a few different ways that a product can be defective.

Design Defect

A claim that is based on a design defect alleges that the product, as designed, is inherently dangerous. A design defect means that the whole line of products is dangerous, not that an individual product was manufactured incorrectly. For instance, a toy that contains parts that could be choked on has a design defect. A product with a design defect is unreasonably dangerous to the user and reaches the user without any change in the original design, and it fails to perform safely when used as intended.

Manufacturing Defect

A claim based on a manufacturing defect alleges that the original design of the product was safe but that something went wrong during the manufacturing process that made the product unsafe.  A product with a manufacturing defect does not conform to its intended design. While a design defect affects a whole line of products, a manufacturing defect typically only affects a small number of products. For example, an airbag that lacks the proper mechanism to deploy even though it was designed to have one would have a manufacturing defect. Quality assurance controls should generally prevent manufacturing defects, but sometimes these controls are not enough, and defective products slip through the cracks.

Failure to Warn

Some product liability claims focus on a warning or labeling defect. These claims allege that the product had some inherent danger and that the manufacturer of the product had a duty to warn of the danger and failed to do so. This is a fairly common claim in cases involving dangerous prescription medications. The allegation is that the manufacturer of the drug knew that there was a danger associated with the use of the product and yet failed to warn consumers of the danger. In addition, a warning may be defective due to inadequate wording, location of the warning, and other circumstances.

Contact a Trusted Product Liability Attorney

If you’ve been injured by a dangerous or defective product, you should have an experienced product liability attorney evaluate your case for free. Gregg Goldfarb has over 20 years of experience helping the victims of defective products. Contact us online or call us at 305-374-7000 to schedule a free consultation.

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