Different Types of Product Liability Claims
Every passing year, new products are introduced into the market. Unfortunately, some are rushed and don’t undergo proper testing before being sold. As a result, many consumers suffer from injuries or illnesses caused by defective products. If a defective product has harmed you, hire an experienced product liability attorney who will help you fight for compensation. With that said, the types of product liability claims are as discussed below.
Marketing Defect
A marketing defect occurs when a manufacturer doesn’t provide appropriate how-to-use instructions or fails to warn users about the risks associated with using a specific product. As a victim, you’ll need to prove a marketing defect by showing the product has some dangerous features that can harm a user. In addition, you’ll be required to prove the product manufacturer didn’t give clear warnings or instructions about proper use. The common marketing defects include the following.
Failure to Warn
This is the most common marketing defect, and it comes with serious risks to the consumer. A good example is a company failing to warn women about the risk that comes with using generic acetaminophen or Tylenol regularly during pregnancy. Products that are likely to be hazardous should be accompanied by warning labels to inform consumers of potential dangers.
Misleading or False Advertising and Promotions
A product can be marketed with ambiguous information that doesn’t accurately state its potential dangers. In such a case, the retailer or manufacturer should be held liable for any injuries people suffer from using the product.
Insufficient Directions
Any product that comes with potential health risks, especially when used incorrectly, should be appropriately labeled. If the manufacturers or retailers don’t provide sufficient information, they can be held liable for failure to give enough guidelines about a product’s proper use.
Manufacturing Defect
In a manufacturing defect, the issue occurs with how a particular product is made. A defect can occur during the assembly of a product in the factory. You’ll find that one product differs from the rest in the same line. For instance, you might find that an accident caused by faulty brakes happened because there was an error when making that particular set of brakes. If you have such a case, find a personal injury lawyer to help you collect evidence to support it.
Some of the ways a manufacturing defect can happen include the following:
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Poor workmanship during the making of a product
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Using low-quality materials
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Lack of adequate quality control procedures to ensure only safe products are produced
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Lack of proper oversight or supervision during the making of a product
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Faulty testing failed to detect flaws in the product
In manufacturing defects, not all products are necessarily affected. The defect might only affect a selected group.
Design Defect
Other product liability claims can arise because of a flawed design that makes a product unsafe. That means, from the start, the product is dangerous and comes with a risk of injury, illness, or death to the consumer. A flaw in design will affect all items that were made using that design. Such design defects can lead to large-scale recalls. Automotive design defects are common, which is the reason for most car recalls.
A good example of a design defect is when a car battery catches fire because it’s being used at maximum capacity. This is a design flaw that puts the life of the driver at risk. To facilitate a positive outcome in a product liability case, hire attorneys. Not only do they work to prove the liability of the company at fault, but they also ensure you get the maximum compensation amount based on the damages caused.
