What are the 3 Types of Product Liability Claims?
For those injured or killed by unsafe or defective products, the results can be devastating. The use of these products often results in either long-term or lifelong pain, disfigurement, or death.
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Product liability is a serious issue. Far too often, unsafe and dangerous products that have no business being on the market cause injury or death. For the victims of these products, looking for a product liability attorney can be the first step toward making things right. Here, we’ll take a close look at the different types of product liability claims and examine options for those who are victims of unsafe products.
Types of Product Liability Claims
There are three basic types of product liability claims those that result from a defective product design, those that come from a flawed manufacturing process, and those that fail to provide complete and adequate warnings or instructions for product usage.
1 Defective design
Defective design results from an unintended issue with a product or vehicle design that can make it dangerous. In these cases, the fault is often placed with the individuals who drew up the product’s actual design because the risks were not seen at the product design time. An example of a design flaw might be a dresser or a chest of drawers that can become top-heavy and unstable when in use, and this presents a risk of toppling over and causing serious injury.
2 Flawed manufacturing
Flawed manufacturing occurs when the fault lies with the actual building or manufacture of the product, not with the product design itself. These can include parts of children’s toys that are improperly put together and become hazardous when separated. An example of this would be something like a faulty bolt used in building a child swing set. When the bolt fails, a child can be injured or killed.
3 Marketing Defect
The third type of defect has to do with missing or inadequate warnings or instructions. While manufacturers have no duty to warn consumers of the apparent risk, like cutting yourself with a sharp knife, they may have a duty to issue a warning regarding the sharp blades found inside of a blender. Unsafe medications manufactured by pharmaceutical companies tend to fall under this category when possible side effects or other adverse reactions are not listed on medication bottles.
A Quick Word about Warranties
While not a type of product liability claim, the topic of warranties can help understand product liability, Warranties come in two primary forms: express and implied. An express warranty provides for specific adverse reactions if a product is used in a particular way. An example of this would be a warning on a turkey fryer that states what may happen if the consumer attempts to cook a frozen turkey in the machine.
An implied warranty suggests that a product sold is safe for its intended purpose. This may include assurances that a new television will work or that food purchased in a restaurant is edible. An implied warranty is an assumption that you are getting what you’ve paid for.
The area of product liability claims can be challenging to understand. For this reason, an attorney is the best source of information regarding a specific case. If you feel that a dangerous or unsafe product has injured you or a loved one, it is imperative to contact an attorney as soon as possible.