LATEST IN THE LAW
A Brief Guide to Defective Product Liability ClaimsMarch 25, 2020 0 Comment Category: Wrongful Death
Defective product liability allows you to recover compensation for any injury or other damages that are caused because of a faulty product that you used. Generally, there are three types of defective product liability claims: defective manufacture, defective design, and failure to give adequate instructions or warnings about the proper usage of the product. Note that in order to claim compensation for your losses, you will need to prove that the product was defective and that it caused the injury or damage that you sustained. Contacting a reputable California injury lawyer can help you determine if you can claim defective product liability.
This is the most common type of defective product liability claims. It refers to an error that happened while making the product, which could have happened during the manufacturing process at the factory, and resulted in an injury-causing product. Examples of defective manufacture may include a bike with missing brake pads, a swing set with a cracked chain, a cough syrup with a harmful substance, etc. Using these products can lead to severe injuries, even if you followed all the precautionary steps carefully.
This type of product liability usually involves a claim that the entire line of products designed by the company is inherently dangerous. In other words, the injury was bound to happen anyway after using the product, no matter how perfectly it was manufactured in the factory. Examples of defective design may include a car model that is likely to flip over when making a turn, a type of sunglasses that do not protect the eyes from UV rays, a line of electric blankets that could cause burns on high settings, etc.
Failure to Give Adequate Instructions or Warnings
This type of product liability lawsuit involves not giving proper instructions about using the product safely. It can be termed as a kind of negligence on part of the manufacturer or the company marketing the product. If the product can be potentially hazardous in a way that is not apparent to the user or if it requires the user to follow special precautions, then the company is liable to provide adequate instructions or warnings about the same.
Examples of this category include an electric teakettle marketed without a warning about an unusually positioned steam valve, a cough syrup sold without mentioning the appropriate dosages, a corrosive paint-removing chemical marketed without giving proper instructions for its safe handling, etc. To be eligible to file a lawsuit for product liability in this category, you will need to produce evidence that no instructions or warnings were issued by the company about its usage.