Poorly Manufactured Products
- Poorly manufactured products
- Inadequately designed products
- Failure to specify appropriate instructions or warnings concerning the correct use of the item
Knowing and understanding these types of product liability can help to determine if you have a valid claim. Further, it can assist in drafting the appropriate strategy to present the claim. When it relates to the fundamental types of defective product liability claims, most states will have the same general laws. These laws are outlined in this article. It is important to note that in order to successfully win a product liability case, the victim has the duty to not only demonstrate the product’s defectiveness, but that he or she sustained the injury because of it.
One of the most commonly known forms of product liability cases derives from a wrongly manufactured item that has caused a victim’s injury. A product that was defectively manufactured is faulty because there was a blunder in the design or production of it. This blunder could have been made purposefully or on accident. Since the blunder occurred in the product’s initial production, this means that the issue started at the factory or warehouse where the product was made. Due to the product’s defectiveness, the product that has caused the injury is not considered to be different than all other products sold.
The following are common examples of products that have been manufactured defectively.
Pain relieving medications tainted with a poisonous substance
A toaster with an electric malfunction
An e-cigarette that overheats when in use
A cellphone battery that overheats when being charged
A children’s swing set with a faulty chain
A bicycle with missing breaking pads
A microwave with irregular heating temperatures
In each of these cases, the injuries sustained must have been a direct result of the defectively manufactured product. When a victim who has been injured by a defective product seeks to pursue a defective products liability claim, he or she has a duty to demonstrate that the injuries sustained were caused by the product’s defect and not by other means. For example, an individual pursuing the claim has a duty to demonstrate that he or she sustained injuries from a purchased bicycle’s missing brake pads, and not the injured person’s reckless use of the bicycle.
Potential Injuries from Defective Products
With a variety of products available to consumers and the vast ability and variations of using these products, there is an endless list of potential injuries that can be suffered from a defective product.
Inadequately Designed Products
In this second form of products liability claims, the product’s fundamental design has to be defective and/or dangerous. Flawed design cases do not comprise of errors made during the product’s manufacturing process. Instead, these cases find to demonstrate that the entire line of the product in question has been defectively designed to the degree that it should be considered dangerous. When the claim is filed, this is done so whether or not the defective product was produced according to the correct manufacturer’s specifications.
The following are common examples of a product design defect:
A filter-type water bottle that has choking hazards
An infant stroller that unintentionally folds while in use
A folding car seat that unintentionally folds
A particular line of vehicle airbags that detonate unexpectedly
Similarly, the injuries sustained by a victim must have been caused by the defective design of a product. Also, the injured victim has a duty to demonstrate that the injury he or she sustained was due to the defective design of the product and not something he or she might have otherwise caused. For example, the individual filing the defective product liability claim has to demonstrate that he or she choked on a defectively designed water bottle and not because he or she was chewing on the water bottle which broke into smaller pieces.
The Failure to Specify Appropriate Instructions or Warnings
The final most common category of a product liability claim comprises of a failure to specify appropriate instructions and/or warnings about the proper usage of a product.
Claims that involve a failure to warn normally involve an item that is not obviously dangerous or hazardous to the average consumer. Another example includes products that require a user to use diligent precautions to use it.
The following are common examples of a failure to warn case:
An electric steam iron that is packed for sale without a sufficient warning that its design involves a strangely situated steam valve
An over-the-counter medication that fails to include a warning label disclosing its hazardous side effects if the medication is taken in conjunction with other commonly used medications.
A household liquid that fails to include instructions about its proper handling and disposal.
Again, the injuries sustained must have been resulting from the failure to adequately instruct, or warn of the hazards
Assessing the Different Categories of Product Liability Claims
Claims that involve pharmaceutical drugs propose a convenient method of assessing the 3 different categories of a product liability claim. If an individual was injured or hurt by means of a specific container of medicine that was tainted with a hazardous material in the warehouse it was produced, the victim has a valid defective product liability claim due to a poorly manufactured product.
In the event that a victim suffered a heart attack due to the intake of an untampered medicinal product, he or she will have a valid claim based on the inadequately designed product. The product here was defective because its intended ingredients were the cause of the heart attack.
Finally, if the medicinal product was designed according to plan and was generally secure for consumer use, but a consumer was nonetheless harmed by it, a valid claim may be available if the injury sustained transpired because of a lack of warning or instruction on the product.
Simply by differentiating the different forms of defective product liability claims, a person who seeks to file a claim can identify the appropriate claim and thereby appropriately present the claim in a court.
Obtaining Legal Support
Defective product liability laws could be complex and difficult to understand. Further, there are various time limitations that a victim must be mindful of. If you or someone you know seeks to file a defective products liability claim, it is beneficial to consult with a professional attorney who knows the applicable laws. Seeking the aid and support of a qualified attorney can help the claim be accurately represented in court.
Get A Free Consultation:
Our California lawyers specialize in representing individuals in personal injury lawsuits. If you or a loved one have been injured in California by a faulty product, contact us today.
No cost We don’t make a dime unless you do!
We don’t make a dime unless you do!