Each year, roughly 7% to 10% of all personal injury cases are for product liability. In fact, they have the second-highest median damages award for personal injury cases – roughly $300,000. The majority of product liability cases are related to toys, electronics, and baby products, but virtually any consumer product can lead to a legal investigation. 

2 Major Types of Product Liability Claims

Product liability claims typically fall under one of two broad, overarching categories: (1) defective design or manufacturing or (2) failure to properly warn. Let’s take a look at each of these and cover common examples.

1. Defective Design or Manufacturing

The most obvious and frequent type of product liability claim refers to the original design or manufacturing of a product. If a product is inherently flawed and injures or puts the consumer at risk, it is likely the result of a defect and may allow the customer to file a claim.

Examples of defective designs include the following:

  • A skateboard with axles that break while riding downhill, causing bodily harm or emotional trauma to the rider.
  • A garage door that randomly closes and causes damage to property or injures people.
  • A bag of potato chips that contains a dangerous chemical substance that causes illness or even wrongful death.
  • A surge protector that fails to guard against electrical damage.

Essentially, when a product fails to live up to the standards it either claims to meet or should meet, a product liability claim may be brought against the designer or manufacturer.

2. Failure to Properly Warn

The second major category of product liability claims involves a failure to provide adequate warnings or detailed instructions about a product’s proper use. In most cases, these claims are brought against products that, when operated incorrectly, inflict pain or damage. Examples of failure to properly warn include the following.

  • A set of Christmas lights that fail to warn against placing the lights in contact with certain types of wrapping paper.
  • An oven mitt that does not include a warning label that it fails to protect against temperatures higher than 700 degrees.
  • A container of paint thinner that does not warn against the dangers of inhaling fumes.
  • An over-the-counter medication that does not list potential side effects of using the drug.

When to Consider Seeking Product Liability Legal Counsel

When dealing with a situation in which you or a loved one have been injured or hurt by a product, it’s important to determine which type of product liability claim to file. Incorrectly pursuing one type over the other may render your lawsuit invalid and leave you without recompense for your suffering.  There are a number of different types of injuries that can result from product liability, some of which include:

  • Burn injuries
  • Brain injuries
  • Broken bones
  • Birth injuries
  • Child injuries

Instead of attempting to handle things on your own, it’s important to discuss your options with a qualified Kansas City product liability attorney. 

In the end, it’s all about your safety and security. If you believe you have been unnecessarily exposed to harm by using a product that should have been safe, contact an attorney today.

Have You Or a Loved One Been Injured By A Product In A Kansas City, Missouri?

If you've been hurt by a product you should speak with an experienced product liability lawyer as soon as possible. Please feel free to contact us online or call our office directly at 816.832.4688 to schedule your free consultation. We are proud to serve Kansas City, Missouri and the surrounding area and look forward to speaking with you.