Product liability claims usually fall into three categories: defective
manufacture, defective design, or failure to provide adequate warnings
or instructions concerning the proper use of the product.
The most common type of liability claim is when a product is defectively
manufactured and later injures someone. In such a case, the product was
flawed in its fabrication such as a swing set with a cracked chain or
a moped missing brake pads.
Such a claim would require the injury to have been caused by the manufacturing
defect. Any fault on the part of the injured would mean you would have no claim.
Products with Defective Designs
For a defectively designed product, the design is inherently dangerous
or defective. Such claims arise from an assertion that an entire line
of products is inherently dangerous to consumers, even if the product
was made according to the manufacture’s specifications. This would
be the case if, for example, a certain model of car has a tendency to
flip over while turning a corner or a brand of sunglasses which fail to
protect the eyes from ultraviolet light.
Here as well injuries need to have been caused by a defective design.
When a product fails to warn consumers of its potential danger, a liability
claim can be filed. These claims involve a product which is somehow dangerous
in a way which is not obvious to the consumer or requires the consumer
to use special precautions when using it.
Comparative Types of Liability Claims
All three types of claims can be compared using pharmaceutical drugs as
an example. An injury from the arsenic which fell into the bottle of cough
syrup by accident you bought can result in a claim based on a manufacturing defect.
On the other hand, if you suffered harm in the form of a heart attack due
to the normal ingredients it contained your claim would instead be based
on a design defect.
Lastly, if the correctly-made cough syrup is generally safe to consume
but you suffered harm by combining it with aspirin and there was no warning
label to inform you that such a course of action could lead to harm, your
claim would be based on a failure to warn.
Flanagan & Associates if you were hurt by a defective product and our Quincy personal injury
attorney can file a claim on your behalf.