Product liability claims usually emerge when a consumer product causes an injury or harm to someone due to defects or safety issues. These claims are important, as they hold manufacturers, distributors, and retailers accountable for the safety of their products. An overview of the different types of product liability claims is below, including manufacturing defects, design defects, and failure to warn or provide adequate instructions. We also go over how to prove these claims effectively and what laws impact this process.

Product liability cases are complex and require an experienced product liability lawyer to garner a successful outcome in your case. Contact Brandon J. Broderick, Attorney at Law today to find out how we can help.

Types of Product Liability Claims

Manufacturing Defects

Manufacturing defects occur when a product differs from its intended design during production, making it dangerous for consumers. These defects are typically unintentional and specific to individual units or batches of a product. For example, a batch of pharmaceuticals contaminated during production can lead to severe health complications. If a medication that should be effective is contaminated with harmful substances, proving a manufacturing defect involves demonstrating that the product was not made according to its intended design.

Another example is a car manufacturer recalls a specific vehicle model due to faulty brake pads that were not installed correctly during assembly. If these faulty brakes lead to an accident, victims can file a claim based on manufacturing defects.

To prove a manufacturing defect, evidence is required to show that the product was defective when it left the manufacturer and that the defect directly caused your injury. Expert testimony and product testing can strengthen your case.

Design Defects

Design defects are inherent flaws in a product’s design that make it unsafe, even if manufactured correctly. These defects affect the entire line of a product and often involve products that function as intended but are still dangerous. Automobiles with a high center of gravity, making them prone to rollovers, or children's toys with small, detachable parts that pose choking hazards are examples of design defects.

A specific example is an SUV model that has a design flaw that makes it prone to tipping over during sharp turns. Even if assembled perfectly and as intended, the design itself is hazardous. Victims of rollover accidents caused by this flaw could pursue a claim based on design defects.

To prove a design defect, you need to establish that an alternative design would have been safer and feasible without compromising the product's utility or making it excessively expensive. Documentation, expert analysis, and comparisons with safer designs are essential for proving a design defect.

Failure to Warn or Inadequate Instructions

Failure to warn or inadequate instructions refer to cases where a manufacturer does not provide proper safety warnings or instructions for product use. This can make even a well-designed and correctly manufactured product hazardous if the user is unaware of specific risks. Common examples include medications without sufficient warnings about side effects or power tools without instructions on safe handling.

A specific example would be a power saw that is sold without clear warnings about the dangers of blade kickback, leading to severe injuries. In this case, the manufacturer could be liable for failing to warn users adequately about the potential risk.

To prove a claim based on failure to warn, you must demonstrate that the manufacturer knew or should have known about the risks and failed to provide adequate warnings. Clear evidence, such as the product manual and expert opinions, can support your case.

Proving a Product Liability Claim

Winning a product liability case requires strong evidence and a strategic approach. Here’s what you need to consider:

1. Establishing the Defect: Whether your claim is based on a manufacturing defect, design defect, or failure to warn, you need to show that the product was defective and that the defect caused your injury.
2. Documenting Your Injuries: Medical records are important to link the product defect to your injuries. Be sure to keep detailed documentation of your medical treatments and related expenses.
3. Preserving the Product: If possible, keep the defective product as evidence. This allows experts to analyze it and confirm the defect. If the product is destroyed or lost, your case may be weakened.
4. Collecting Expert Testimony: Experts in product design, engineering, or medicine can provide valuable insights into how the defect occurred and how it caused your injury.

Examples of Product Liability Cases

Understanding real-world examples can shed light on the complexities of these cases:

• Pharmaceuticals and Medical Devices: Cases involving defective medications or medical implants often require extensive scientific evidence and expert testimony. If a medical device malfunctions and causes injury, proving a manufacturing or design defect is critical.
• Automobiles: Defects in vehicles, such as faulty airbags or seat belts, can lead to serious accidents. Victims must show that the defect was present when the vehicle was manufactured and sold.
• Children’s Products: Toys and baby products must meet strict safety standards. If a toy with small parts poses a choking hazard despite compliance with regulations, parents may have grounds for a claim based on design defects.

Call Brandon J. Broderick For Legal Help

Navigating product liability claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.