What are the Three Types of Defective Product Liability Claims?
If you or a loved one was injured or suffered other damages because of a product; you may have been the victim of a defective product. Defective product liability attorneys help victims file claims to recoup damages for their personal injury.
(1) Defective manufacture / manufacturer error;
(2) Defective / dangerous design; or
(3) Failure to provide adequate warnings or instructions for the proper use of the product.
For basic defective product claims, every state has essentially the same laws. A qualified product liability lawyer will have a deep understanding of product liability categories and appropriate strategies to use in presenting your case. They will also do the research to prove the connection between the defective product and your injury.
Defectively manufactured products
A product is considered defectively manufactured when there was an error in making it, like an assembly line error or equipment error. The end result is an injury-causing product different from the other products on the shelf. For example, a bike with a missing braking system due to missed steps in the assembly line would fall under the defectively manufactured products category.
Your personal injury lawyer must be able to prove that the injury was caused by the manufacturing defect, rather than a user error such as missing a curb.
Defectively designed products
When a product’s design is inherently dangerous or defective, it is considered a defectively designed product. The case needs to be made that the entire line of products is inherently dangerous, regardless of the fact that the product was built according to manufacturer specifications. For example, a line of sunscreen that doesn’t protect skin from sunburn could be considered a defectively designed product.
Your personal injury lawyer must be able to prove that the injury was caused by the dangerous product, rather than a user error such as not applying frequently enough.
Failure to provide adequate warnings or instructions
When a manufacturer fails to provide adequate warnings or instructions about the product’s proper use, they may face a product liability claim. A legitimate claim using this category usually involves a product that is dangerous in some way that isn’t obvious to the user or that requires the user to use special care or attentiveness when in use. For example, a medicine that can be dangerous when combined with other medicines but that isn’t labeled so would fall under this category.
Your personal injury lawyer must be able to prove that the injury was caused by the failure to warn or properly instruct, rather than a user error such as taking over the recommended dosage listed on the bottle.
Direct comparison of the three types of product liability claims
Personal injury claims resulting from medicine or pharmaceutical drugs are a good way to compare the different types.
- If you were injured because the one bottle of medicine that you purchased was contaminated with mold or some other dangerous ingredient due to an accident at the factory during manufacture, then you would have a claim based on a manufacturing defect.
- If you were injured because the brand of medicine that you purchased caused a stroke because of its normal ingredients, then you would have a claim based on a design defect.
- If you were injured because you combined the medicine with another drug like Tylenol and the label did not carry a warning that combining these drugs is dangerous, then you would have a claim based on a failure to warn.
If you or a loved one is dealing with an accident or injury, you have enough to deal with. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times bigger with the help of a lawyer. Call the caring accident attorneys at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!