The Three Types of Product Liability Suits
Posted in Product Liability on February 24, 2022
When you are injured by a dangerous and defective product, you have the right to pursue legal action against the manufacturer. By filing a product liability lawsuit, you can recover compensation for the physical, emotional, and financial losses that you experienced.
Your claim will likely involve one of three types of product defects: a design defect, a manufacturing defect, or a failure to provide adequate warnings and instructions. These claims are very similar but involve different types of hazards and errors.
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 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.
After taking these initial steps, speak to a Kansas City product liability lawyer. An attorney can represent your claim and identify your optimal path to recovery. Contact a lawyer as soon as possible to strategize your next steps.