What Are The Three Main Categories of Product Liability Cases?
Another person’s negligent acts can and do cause numerous personal injuries: i.e., drunk driving car accidents. But as the byproduct of negligent companies (and/or people), individuals can also be physically injured. In this case, defective product liability claims may be filed.
Claims such as these seek to prove the careless and negligent acts of a product manufacturer. These acts and products led to the wrongful death or injury of a consumer.
Negligence must be proven in order to fight a case such as this successfully. That takes a competent, experienced, and knowledgeable attorney. There are three separate categories into which defective product liability lawsuits can usually be separated. We will explore those below.
Instructions and Warnings
Injuries can often be caused by defective products being improperly used by consumer. This improper use is a direct result of the consumer not being familiar with the product and not being adequately warned or instructed of anything negative that could possibly occur. If a manufacturer did not warn about how a product should be properly used, it’s very possible that severe injuries can be received by a consumer/user.
Example: The recall of a baby seat. It turns out that, with the baby inside, lifting the seat was dangerous. As babies fell out of the chair during this procedure – dozens of them – they were injured, and lawsuits ensued. In very young children, severe brain injuries occurred in some of these cases.
Defects in Design
A product may fail to work properly if there are design flaws that occurred during the creation of the product. A resulting danger to consumers is what needs to be proven in these cases. A claim that the product is not safe because of its defective design is the first step in proving liability.
Example: Because vehicles (automobiles) would not slow down, countless accidents occurred due to unintended acceleration. This led to the recall of such vehicles.
Defects in Manufactured Products
When manufacturing error causes an injury due to a faulty product, this can be referred to as a manufactured product defect. This could equate to a factory malfunction, or a flaw in the creation process. So that when injuries occur, the manufacturer may be held liable.
Example: If your child got hurt by the backyard swing set you recently purchased and installed, you might be at a loss as to who is at fault. But if your child injured their head when they flew off the swing because it had a cracked chain, you could attempt to claim a product defect.
Another example: Let’s say you’re involved in a terrible accident because the brakes on your car malfunctioned. Upon examination, it is discovered that the brake pads were missing. This is a product that was defectively manufactured.
Choose Corradino & Papa, LLC For Your Product Liability Case
It can be a very complicated process, seeing through a product defect liability claim from beginning to end. That’s why it’s important, to fight your claim efficiently and successfully, you contact a personal injury attorney. If you or a loved one have been injured – and someone else is responsible due to negligence – our years of experience with wrongful injuries can assist in making sure that you get what’s coming to you… and so does the person responsible for your injuries!
We are available 24/7, even during this pandemic, through telecommunication and videoconferencing. Contact us today for a free consultation.
Disclaimer: Results may vary depending on your particular facts and legal circumstances.