An injury from a product you used might be eligible for a defective product claim. Defective product cases are broad. However, an injury that results from a defective product, known as product liability, falls into one of three categories:
- Faulty Manufacturing
- Defective Design
- Failure to Provide Warning or Instruction
Understanding each group might help you better determine if you have a product liability claim. Naturally, it is in your best interest to consult with a personal injury attorney any time an injury happens from a product. An attorney can assess the facts of your case and determine if your injury comes from a defective product or qualifies for compensation.
What is Defective Manufacturing?
Defective manufacturing means the product defect occurred during construction. The design of the product is safe, but it was flawed during production in some manner.
An error during manufacturing or components made by a third-party can contribute to the defective manufacturing issue. The product causes an injury because it is different in manufacturing quality from others on the shelf.
Examples of a defectively manufactured product include:
- Cracked chains on a swing set
- Batch of children’s medicine with higher ratios of substances
- Child’s toy with broken plastic
- A motorcycle without brake pads installed
What is a Defectively Designed Product?
A defective design means the product was defective from the start – not from manufacturing. The product is inherently dangerous; therefore, the company producing it should have been aware of the design defect and halted production. Manufacturers are required to test their products thoroughly before distributing them to the public.
Some examples of design defects include:
- Toys with small components that risk choking
- Sunglasses that do not protect the eyes from UV radiation
- Vehicles with a defective design prone to rollovers
- Something known to ignite or explode when overcharged
Failure to Warn or Provide Adequate Usage Instructions
Sometimes, a product is manufactured and designed correctly but fails to inform its users about possible injuries. Inability to warn claims typically involve inherently dangerous products that can lead to injury if not used properly.
Some examples of a failure to warn include:
- Tea kettles not packaged with warnings about steam burns
- Chemicals not warning about proper use or harm to children
- Medications without warnings regarding potential side-effects or interactions
Who is Responsible for a Dangerous Product?
The parties responsible vary. However, the burden of responsibility might involve multiple parties, such as:
- Third Party Manufacturer of Components
- Marketing Firm
Often, product defects fall under strict liability. Strict liability means that the plaintiff does not prove the manufacturer was negligent. Instead, the plaintiff establishes the product’s defect and how that caused injury.
After a Product Injury, Speak with an Attorney
Product liability and defective product claims are inherently complicated. Establishing legal fault typically requires assistance from a lawyer, but also the testimony of industry experts. Every state has its own laws regarding product liability; therefore, it is in your best interest to seek legal counsel after a product injures you.
Attorney Clarke Nash understands what you are going through. He has represented countless clients in product liability and injury claims. After a serious product-related injury, contact him for a free, no-obligation consultation. He can discuss your options for compensation and help you find the right solution.
Speak with him today during a consultation appointment by calling his office at 912-200-5292. You can also request an appointment or ask a question by completing his online contact form.