Defective product liability claims make up a large percentage of personal injury claims in the United States. If you’ve been injured due to a defective product, it’s important to obtain legal representation. Your attorney can work to achieve just compensation for your injuries, and can answer your questions when it comes to the specifics of your claim. Understanding the basics of defective product law can also be helpful when it comes to navigating this difficult situation.
Types of Defective Product Liability Claims
There are three categories under which defective product liability claims fall. All U.S. states have basically the same guidelines when it comes to defective product law. Regardless of which category your claim falls under, the product must be proven defective and be confirmed as the cause of injury.
Defective Manufacturing Claims
Defective manufacturing accounts for a large portion of defective product liability claims. This means the product in question was made incorrectly at the factory, or compromised somehow during the manufacturing process. An example of a defective manufacturing claim would be a food package that was sealed incorrectly at the factory, causing a person became ill after consuming the food because the compromised seal caused harmful bacteria to grow.
Defective Design Claims
In cases of defective design, the product is claimed to have a design flaw that existed long before the manufacturing process. Products that contain design flaws that are unrelated to the manufacturing process fall into this category. For example, if a person used a pair of tanning goggles that failed to protect against UV rays because of faulty design, and sustained injury to the eyes because of tanning in the defective goggles, their defective product liability claim would fall into this category.
Products without adequate warnings fall under the failure-to-warn category. A good example would be a medication that failed to include a warning label regarding side effects like drowsiness. If a person took the medication then sustained injury because of the side effect, the company could be held liable. Flammable products without adequate labels may also fall into this category. For example, if a person is using a product that bursts into flames when placed near a heat source and burns them, they could have a failure-to-warn claim, because the product maker failed to warn that the product is indeed flammable.
Why You Need Legal Representation for Your Defective Product Claim
The circumstances of a defective product claim aren’t always cut and dried. These cases can be legally complex, and require the knowledge and experience of a qualified attorney. At the Law Office of John C. Fitzpatrick, we believe everyone deserves quality legal representation, and that’s what we provide. Contact us today to discuss your defective products liability claim — we’re here to help you!