When we buy a product, we expect it to be safe and to work as advertised. That said, this isn’t always the case.
One reason for that is that many companies rush products to the market to cut costs. Some of these products don’t go through proper testing, which can lead to all sorts of problems. In rare situations, the product can cause injury or other damage.
If this happens to you, you may be able to file a claim. Product liabilty claims fall into three main categories:
- Manufacturing defect
- Design defect
- Marketing defect
By understanding these categories, you can find out whether you have a valid claim. Here’s a short guide on the types of product liability claims.
A manufacturing defect refers to a product that’s flawed due to an error in making it. As a result, this product is different from the other ones on the shelf.
For instance, imagine a company that sells mopeds. During the manufacturing process, a worker forgets to add the brake pads into the system. In this case, the product is defective because of the way the worker put it together.
Now, let’s say that you’re driving this moped. You misjudge a curve and get injured after driving off the road. To have a valid claim, you’d need to prove that the missing brake pads — not your driving — were what caused the accident.
Defective design claims don’t arise from a manufacturing process error. Instead, the claim revolves around the product’s design being inherently dangerous.
As an example, imagine an electric blanket that may electrocute you if you turn it on high. Other examples include sunglasses that don’t protect you from UV rays and a car with a tendency to flip over on a corner.
Again, it’s up to you to prove the design defect. Let’s assume you crash into another vehicle while driving one of these flip-prone cars. In this case, you need to show that the crash was a result of the car flipping over while turning.
This kind of claim involves a company not providing adequate warnings for its product. This tends to involve products that are dangerous to the user in some way.
Consider something like a cough syrup. All such products must have a warning that they might cause dangerous side effects. Another example is a paint-removing chemical that doesn’t include instructions for safe use.
To prove a marketing defect, you must establish the product’s failure to instruct. You can also show that the company knew that the product carried potential risk. A personal injury firm such as Waltontelken.com should be able to provide more details.
More on Product Liability Claims
Comparing product liability claims is a big help with presenting your case at court. The one thing they have in common is that you have to prove that, 1 – the product was defective, and 2 – the defect caused the injury.
Want to know more about what is a product liability claim? Looking for other examples of product liability claims? Keep reading our law-related content!