What Are the Types of Defective Product Liability Claims?
When you purchase an item, you assume the item will work as expected. However, the truth is that not all products meet the necessary standards. Things going wrong with consumer products is a common thing. There are a lot of defective products in the market. Unfortunately, defective products pose a serious risk to consumers. Defective products can cause severe harm or injuries. You may have a defective product liability claim if you have been injured or harmed by a defective product. When manufacturers fail to uphold their responsibility to protect consumers from harm, they can be held liable for the resulting harm or injuries. They can be made to pay damages, including medical expenses, lost wages, and pain and suffering. There are different types of defective product liability claims. This article discusses the different types of defective product liability claims.
Types of Defective Product Liability Claims
Consumers file different types of defective product liability cases. Generally, defective product liability claims fall into three categories. The following are these three categories;
- Defective Manufacturing Liability Claims
The first category of defective product liability cases is defective manufacturing liability claims. Defective manufacturing liability claims are considered the most common type of product liability cases. When you file this type of claim, you allege that something occurred during the manufacturing process that made the product unsafe. A defective manufacturing liability claim alleges that an error in the manufacturing process led to the product deviating from its intended design, thus making it dangerous. Examples of manufacturing defects include a motorcycle being built without brakes, improperly sealed connectors in electronic gadgets, and incorrectly assembled parts in children’s toys.
- Defective Design Liability Claims
The second category of defective product liability claims is defective design liability claims. A defective design liability claim alleges that the product is dangerous because of its design and not because of something that occurred during manufacturing. Products with design defects are dangerous even if they are manufactured and used correctly. Suppose a manufacturer was aware that there was a problem with the design of a product and proceeded to manufacture the product. In that case, they can be held liable for any resulting harm or injuries.
- Warning or Labeling Liability Claims
Finally, a defective product liability claim can arise if a manufacturer fails to provide adequate warning or instructions regarding their product. In this type of case, you argue that you were unaware of specific dangers, requirements, or precautions associated with the product. This type of claim is common with pharmaceutical products when pharmaceutical companies fail to disclose possible side effects of their products on the warning label. However, failure to warn claims can involve any type of product. Not just pharmaceutical products.
It is crucial to note that, for you to have a valid defective product liability claim, you must have suffered the injury or harm due to the defective product. If, for example, you accidentally crashed into another car while driving in a defective vehicle, you can only have a defective product liability claim if you can show that your accident happened because of the car’s defect.
Contact a Charleston Defective Product Lawyer
At the Gus Anastopoulo Law Firm, our experienced Charleston defective product lawyer can help you recover the compensation you deserve from the liable party. Contact us today to learn more about how we can help you.
