Consumer Safety 101: Three Types of Product Liability Claims

Consumers use safe, trusted products in their everyday lives. Unfortunately, there are instances when a product can cause injury or harm; and in this case, the injured party can file a product liability claim. The manufacturer or distributor is responsible for ensuring the product’s safety and protecting people from harm, and could be held liable if a product causes injury.

If you have been injured by a product you used, understanding the different types of product liability claims can help you recognize which legal options to take. The three primary categories of product liability we will talk about are defective manufacture, defective design, and failure to warn or instruct.

Manufacturing Defects

Manufacturing defects occur when a product is safely designed, but is built or assembled incorrectly during the production process. The intended design is deviated, but it only affects a limited number of products, which are then dangerous to put to use. Examples include:

• A ladder with a missing safety bolt
• An electrical appliance with a torn power cord
• A car with faulty brakes

You must be able to show proof of injury caused by the manufacturing defect in a case.

Design Defects

A design defect is when a product’s design itself is flawed, making it unsafe or defective. This is even before the product is manufactured, meaning every unit from the entire line will pose a risk, even if it may have been constructed correctly or carefully. Examples include:

• Furniture that is unstable and will tip over
• Clothing made of flammable materials
• A car designed with mirrors that do not adjust

You must be able to show that you were hurt because of the defective design in a case.

Failure to Warn or Instruct

This occurs when the manufacturer has failed to warn consumers about potential dangers or the proper use of the product. It is their responsibility to inform consumers of risks and take precautions while using it, even if they are not obvious to the eye. Examples of failure to warn situations include:

• Toys – Not warning about choking hazards for small parts
• Electronic Devices – Not warning about potential electrical shock hazards
• Tobacco Products – Not warning about addiction and cancer risks

Product liability law establishes a legal framework for holding manufacturers and distributors accountable for injuries caused by defective products.

Jan Dils Is Here To Help for Any Type of Product Liability Claim

Here at Jan Dils, the largest female-founded law firm in the country, we help consumers who have been injured or harmed by a product investigate their situation and prove liability. You need an experienced and hard-working counsel on your side if you wish to secure damages. If you believe you have suffered from a defective product, contact our office today to schedule your free case evaluation.