The Three Types of Product Liability Suits

Design Defects

The first type of product liability claim involves design defects. In this type of claim, a person is injured due to an inherently dangerous or defective design. The defect impacts every product manufactured according to that design.

Examples of design defects include the following.

Clothing that is made of unreasonably flammable material

Electric blankets that cause electrocution at their highest settings

Toddler toys with very small parts, posing choking hazards

Sunglasses that fail to protect the eyes from ultraviolet rays

Unstable furniture that is prone to tipping over

To secure compensation in a defective design claim, you will need to prove that the design is inherently dangerous. You will also need to show that a safer, feasible alternative existed at the time of your accident and the manufacturer chose not to use that design.

Manufacturing Defects

Manufacturing defects involve errors that occur during the production of an item. Unlike design defects, manufacturing errors typically affect individual items or batches of a product. To prove a manufacturing defect claim, you will need to prove that the error made the product unreasonably dangerous to use, and that the defect caused your injury.

Examples of manufacturing defects include the following.

Missing brake pads in a vehicle

A batch of medicine that is tainted by a poisonous substance

Improperly installed heating elements in a blow dryer

Metal hip implants that easily fracture or break

Sharp edges on children’s toys due to improper finishing

Failure to Warn

Product manufacturers have a duty to provide adequate warnings and instructions to their customers. If a product fails to warn a user of a potential danger and the user is injured as a result, the manufacturer could be liable for any damages that occur.

Examples of failure to warn claims include the following.

Medication that fails to include information about dangerous drug interactions
Corrosive chemicals that lack instructions on how to safely handle and use them
Electronic cigarettes that fail to warn about the risk of combustion if the battery is left unattended while charging

To secure compensation in a failure to warn claim, you will need to show that the manufacturer should have known about the potential product hazard. The manufacturer may attempt to avoid liability if the hazard was obvious or completely unpredictable.

What to Do After Experiencing a Product Injury

If you are injured by a dangerous or defective product, it is important to seek help as quickly as possible. Receive emergency medical attention and save all records related to your treatment and injuries. Document your accident by taking pictures, saving physical evidence, and collecting information from any witnesses.

Do You Believe You Or A Loved One Have Experienced Medical Malpractice? Speak With A Kansas City Area Medical Malpractice Lawyer Today

If you or a loved one are victims of medical negligence or malpractice, it's critical that you contact an experienced Kansas City medical malpractice lawyer right away. You’ll need to show a number of things to prove that malpractice was the direct or proximal cause of your injuries. Please feel free to contact us online or call our office directly at 888.813.0825 to schedule your free consultation. We are proud to serve Kansas City, Missouri and the surrounding area and look forward to speaking with you.