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If a product leads to physical injuries or other types of harm, individuals who have been affected may have the option to pursue product liability claims against manufacturers or retailers who were negligent. These claims can arise from various factors, including defective product designs or insufficient consumer warnings. However, it is important to have a clear understanding of the different types of product liability claims to assess whether you have a valid case to pursue legal action.
What Is a Product Liability Claim?
Product liability is a legal concept that holds a manufacturer or any other party accountable for injuries and damages caused by a defective product. This can include physical injuries, property damage, and other types of harm.
Product liability cases often involve situations where the manufacturer has been negligent in ensuring the safety of their products. However, this liability can also extend to other parties, such as wholesalers and merchants involved in distributing or selling defective products. These parties may share responsibility or be solely accountable for the resulting damages.
The Different Types of Product Liability Claims
If you have sustained an injury as a result of using a product, you may have grounds for a product liability claim. These claims generally fall into three categories: (1) defects in manufacturing, (2) design defects, and (3) failure to provide adequate warnings or instructions.
Manufacturing Defects
Manufacturing defects can arise when a product is compromised because something went wrong during the manufacturing process. These defects typically affect smaller quantities of products, as the presence of the defect renders the product unsafe for its intended use despite being designed to be safe under normal circumstances.
Some examples of manufacturing defects include:
- Contaminated foods
- Beverages exposed to harmful chemicals
- Poorly assembled products that can break apart
- Inadequate sealing, paint, or coating issues
- Packaging defects
Design Defects
A design defect refers to an issue in the fundamental design of a product rather than a mistake in its production process. This means that products with design defects were manufactured correctly, but an inherent danger in the design itself makes the product unsafe to use. Design defects are particularly concerning because consumers assume the products they purchase are safe.
Some examples of design defects include:
- Toys that are choking hazards
- Flammable clothing
- Structurally unstable products, such as furniture
- Power tools without a safety component
- Top-heavy furniture that can fall over
Marketing Defects or a Failure To Warn
Manufacturers have a responsibility to provide clear and comprehensive usage instructions and warnings for their products, even if the product itself is safe when used as intended.
In product liability cases due to marketing defects or a failure to warn, the focus is often on products that necessitate specific warnings and instructions that may not be immediately apparent to the user. This type of claim is based on the principle that companies have an obligation to provide consumers with accurate information regarding the potential hazards posed by their products.
Some of the more common examples of marketing defects include:
- Omission of proper dosage instructions on drug labels
- Inadequate disclosure of possible side effects and failure to warn about potentially dangerous interactions with other drugs or medications
- Pesticides or herbicides that do not warn about potential health risks
- Children’s toys that do not warn about choking or smothering hazards
- Electronic devices that do not warn about potential electric shock hazards
To Learn More About Product Liability Claims, Contact Richard D. Hobbs & Associates Today
If you were injured by a defective product and want to learn more about your legal options or the remedies you can pursue, contact Richard D. Hobbs & Associates today and speak with our team.