Have you been injured or suffered harm or other damages as a result of a product that you used? If so, you may have a defective product liability claim. The harm or injury suffered can be as a result of a number of different types or ranges of products. However, such claims basically fall into three categories of product liability claims. Most importantly is the need to understand the three categories of defective product liability to establish if the claim is valid.
- Defective manufacture – this is the most obvious type of product liability claim, where the product is defectively manufactured. This is as a result of some error in the product’s making, thus the product is different from other products on the shelf. For example, a swing set with a cracked chain. Therefore, the injury results from the manufacturing defect.
- Defective design – such products are made as a result of an error in the entire line of products, despite the fact that the product was perfectly manufactured according to the manufacturer’s specifications. For example, a line of electrical blankets that electrocute the user when turned on high. In this case the injury must be caused by the defective design of the product.
- Failure to provide adequate warnings or instructions – these generally involve a product that is dangerous in some way that is not obvious to the user or that requires users to act with special caution when using the product. For example, a cough syrup that does not include the warning label to the dangers of side effects of using it with a common drug like aspirin. In this case the injury must be as a result of the product’s failure to warn or properly instruct on use.
In order to successfully prove one’s claim one needs to prove that the product was indeed defective and that as a result of the defect you were injured or the defect caused the injury.
We at the Crowson Law Group assist with defective products liability claims. Contact our offices for a free case evaluation.