Defective Product Liability Claims

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If you are injured or suffer other damages by a product

You may be able to make a defective product liability claim if you are injured or suffer other damages by a product you have used. Understanding the categories these claims fall into will help you determine if you have a valid claim. For each, you will need to show the product was not only defective, but that the defect caused your injury.

Three categories of product liability :

  1. Defective Manufacture - This is when the product caused the injury because of some flaw or error made in manufacturing. Because of this error the injury-causing product is somehow different from all the other ones on the shelf. An example of this is a moped that is missing its brake pads.

  2. Defective Design - This is when the product’s design is inherently dangerous or defective. There was no mishap in the manufacturing process, but the entire line of products is inherently dangerous because of the way it was designed. An example of this is a line of electric blankets that can potentially electrocute the user when turned on the highest setting.

  3. Failure to Provide Adequate Warnings or Instructions
    This is when the manufacturer fails to provide adequate warnings or instructions regarding the proper use of the product. This can occur when proper use is not obvious to the user or requires the user to exercise special precautions. An example of this is a cough syrup whose label does not include a warning that it could be dangerous if taken with other drugs.

Understanding the Three Product Liability Claims

Understanding these differences will make it easier for you and your legal team to identify your product liability claim and thus, correctly present your case in court.

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