When we buy a product, we trust that it will work as expected. We also expect that the product will be safe to use. But, not all products deliver on this expectation. They could have defects that hurt the user. These defects can result in severe injuries and financial losses. That’s where product liability claims can be helpful. They hold manufacturers accountable for damages for defects in the product.
It is best to hire a lawyer in your area, as they will know the state laws better. For example, if you are residing in Phoenix and have been hurt due to a defective product, a Phoenix product liability attorney can protect your rights and secure fair compensation for your losses.
Types of Defects in Product Liability Claims
Defective products generally fall under three primary categories: manufacturing defects, design defects, and failure to warn (marketing defects). Let’s explore these in detail:
1. Manufacturing Defects
Manufacturing defects are issues in the production process that make the item dangerous. It involves using incorrect materials, bad workmanship, and assembly mistakes. These defects are not found in every unit of the product but just in certain units.
For example, imagine buying a car where the brakes fail because a bolt was not properly tightened during manufacturing. It is a manufacturing defect since it had been a result of a mistake in the production process. Also, not every car of the very same design will have this particular issue.
2. Defects in Design
Design defects are faults in the initial design that make the item unsafe when produced correctly. Unlike manufacturing defects, they impact all items of the batch. This happens because the problem is with the blueprint.
For instance, if a ladder is designed without proper support, it is a design defect. The product is dangerous to use as intended.
3. Fail to Warn (Marketing Defects)
This defect happens when the manufacturer or seller fails to give sufficient instructions or warnings about how you can make use of the item. In case the risks of utilizing a product aren’t communicated, users might place themselves in danger unintentionally.
For instance, a cleaning agent might require users to wear gloves as the chemical can burn the skin. In case the product doesn’t have this warning on the label and somebody is hurt, there might be a product liability case for failing to warn.
How to Prove a Product Liability Claim
You must show:
- the product was defective
- that the defect led to an injury, andÂ
- that you used the product as designed or as reasonably expected.Â
This can be challenging without legal expertise, especially in case you are dealing with big corporations or manufacturers who have legal teams to defend a case against you. An attorney will investigate proof and develop a case to back up your case.
Final Thoughts: Why Take Action?
Bringing a product liability claim helps you retrieve compensation for your injuries and holds manufacturers responsible for their products’ safety. It might also prevent other individuals from getting the same harm. Manufacturers are obligated to supply safe products and the law is on your side whenever they don’t. If you or perhaps somebody you know is hurt by a defective product, act immediately.
