Filing For a Product’s Liability Claim
There are three general categories of defective product liability claims. These include:
- Manufacturing mistakes
- Hazardous product designs
- A failure to give an adequate warning
If you or someone you know has suffered injuries or other forms of grievances due to a product that was used, there may be an opportunity to file a product liability claim. While a product’s liability claim will generally fall into the previously mentioned categories, it is nonetheless vital to speak to an experienced attorney who can provide the necessary information that pertains to your specific case.
An attorney who has experience in these types of cases will be able to determine if the case falls into one of the categories. Equally important, he or she will be able to know what current laws apply to the case.
If you are considering filing for a product’s liability claim, understanding the three general categories can help to determine whether there is indeed validity behind your claim. Understanding this can help you to establish a strong case against the product’s maker. A well-established strategy will therefore be feasible.
It is worth mentioning that every state will have established laws that will determine if a case is valid or not. When strategizing for a claim, it is important to not only demonstrate that the manufacturer was responsible for causing you harm but it is also equally important to demonstrate that there was in fact an injury.
The Product’s Failure to Provide an Adequate Warning or Set of Instructions
The final most common form of product liability claim comprises of a company’s failure to give sufficient warnings or set of instructions about a particular product’s use. These types of claims are commonly referred as failure to warn claims. The danger in these types of products usually comprises of a hazard that is not obvious to the normal consumer.
Products that Have Been Designed Improperly
When attempting to file a product’s liability claim based on this category, your responsibility lies in demonstrating that the product was inherently designed in a defective and even dangerous manner. This means that the product that caused you harm is not the only product that was faulty, rather, all of the same products are defective.
Inadequately Manufactured Products
Some of the most common types of product liability claims are presented because of defectively manufactured items. These products are damaged because there was some form of error while making the product. When the product was finished, its inadequacy makes it different from other products that are sold or otherwise produced alongside it.
Products that are not manufactured correctly can happen to nearly every product. Some of these include:
A cellphone battery that abnormally overheats due to a faulty connection
An e-cigarette that has a faulty assembly which has caused its sudden combustion
A vehicle’s brakes which were incorrectly placed in the assembly line
In every instance, you have a duty to demonstrate that the injury you sustained was due to the product’s incorrect manufacturing. In these cases, one of the most common challenges presented is the ability to demonstrate that the injuries you sustained occurred due to the inadequately manufactured product, not because of your incorrect use of the product.
The Bottom Line
Understanding these common forms of product liability cases can help you determine if you have a valid claim. While this is a good starting point, it is still important to consult with a professional attorney who is qualified in the matter.
An attorney with the correct experience will be able to guide you through the process of filing for a claim and will also help you understand the local rules and regulations that apply to your specific claim.
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