Three Types of Product Liability Claims

If you have suffered an injury or sustained damage from a product that you used, you may need to file a product liability claim. Reach out to Connolly Brennan Ralabate so they can aid you in navigating the process. There are three main types of product liability claims. Your product liability lawyer will help you determine the details of your specific case.

Defective Manufacture

Sometimes, product liability claims involve defective manufacturing. If the product was improperly assembled, the result could be a product that was unsafe for its intended use. This defect occurred when the product was in the manufacturing process, so it is not considered a design problem.

To confirm that defective manufacturing is the problem in a product liability case, the plaintiff is responsible for showing that the product was defective when it left the manufacturer and that it led to injuries. If the plaintiff proves their case, the manufacturer can be held strictly liable for any injuries or damages caused by the product’s defect. The injured party does not have to prove that the manufacturer was negligent or acted carelessly to recover damages.

Some examples of defective manufacturing are listed below:

• Automobiles without all of the parts secured lead to a vehicle accident
• Improperly assembled car seats cause a baby to be injured when they otherwise would have been protected
• Small appliances with faulty wiring may cause fires.
• Construction equipment that is not welded correctly and causes falls or injuries

Defective Design

In a defective design liability claim, it must be proven that the product was designed in an unsafe way for its intended use. To prove a defective design product liability case, the plaintiff has to demonstrate that the product was designed in a dangerous way and could cause injuries when it was introduced to the market.

The plaintiff is also responsible for proving that the defective product caused their injuries. If the product was designed with a shortcoming, the manufacturer is liable for injuries and damages caused by the product’s poor configuration.

While there are lots of examples of defective design, here are a few:

• Power tools with design defects that cause the user’s hand to come in contact with moving parts, leading to an injury
• Baby jogging strollers with poorly designed brake systems that lead to accidents and injury
• Playground equipment, such as sliding boards designed in a way that causes the user to fall off and become injured.
• Toys designed with small parts that can cause choking.

Failure to Provide Adequate Warnings or Instructions Concerning the Proper use of the Product

When a product liability claim involves a failure to display adequate warning or instructions for the proper way to use a product, the plaintiff alleges that the manufacturer or the outlet selling the product failed to provide sufficient information about the operation of the product and that this lack of warning or instruction led to an injury.

If the plaintiff proved that instructions and warnings were lacking from the product and that the lack of them caused their injuries, the manufacturer would be held rigidly responsible for the plaintiff’s injuries.

Some examples of this type of product liability claim are as follows:

• A medication that does include information about possible drug interactions that leads to severe health complications
• Power tools that do not include instructions to use with proper safety gear, which then cause injury
• Lack of warnings on RVs about the possibility of rollovers leading to accidents and injury
• Toys that lack information about age appropriateness that lead to a child being injured

Contact an Attorney After a Product Defect Injury

You may be entitled to financial compensation if you have sustained injuries because of a product that was defectively designed or manufactured or that lacked proper warnings or instructions. Contact Connolley Brennan Ralabate to evaluate your claim and help you fight for the maximum settlement you are due.