If you have suffered an injury because of a product you have used, there are several factors to consider before bringing a product liability case. Typically, these types of personal injury claims fall under three main categories: (1) defective product, (2) defective design, and (3) failure to provide proper label warnings or instructions on the product. Let’s take a closer look at each category of a product liability claim.
A defective product is one that has incurred damages or mistakes during production. If you bought or received a product that had a faulty wire, broken or missing parts, or some other physical or functional flaw, this is considered a defective product. If you sustain injuries or damages from a defective product then the manufacturer may be liable for them. Keep in mind that the defects in the product must be caused from production in order for a product liability claim to be valid. Defects caused by a third party will not suffice.
This category covers products that were produced correctly but are designed improperly. In other words, if you were harmed or suffered loss because of the way the product naturally works, the manufacturer may be liable. An example could include a type of computer charger that tends to get excessively hot while in use or a type of cookware that has very sharp edges and causes injury when you wash it. A defective design claim must involve an entire defective product line to show inherent defects that caused your injury or loss.
Failure to Provide Proper Label Warnings or Instructions
This type of product liability claim involves products that have caused injury or loss due to the lack of warning on the product’s packaging or unclear instructions for how to properly use the product, resulting in injury or damage. For example, a face wash with little to no warning about the harsh effects of its chemicals on skin. Although ingredients are listed, you may not have been able to read the very small warning on the back and now you have a chemical burn. Manufacturers have a duty to warn of known potential dangers and if they don’t, you could have a valid claim.
Contact Apex Law Firm for More Information
It’s important to remember the different categories that product liabilities fall under so you can better understand your rights and course of action if in a situation concerning product liability. If you have sustained injuries or damages from a product and would like help or more information, contact Apex Law Firm today.