The range of defective product liability claims is broad but falls into three categories- defective design, defectively manufactured product or failure to provide adequate instructions or warnings. The law regarding product liability claims is generally basic in all states. One must not only prove that the product was defective but that the defect was the proximate cause of harm or injury.
Defective Design, Defectively Manufactured Product and Failure to Provide Warnings
Products that have a defective design are not due to some mishap during the manufacturing process. The product is inherently dangerous even though it was made following the manufacturer’s guidelines. Some examples of a defective design are electric blankets that can electrocute, sunglasses that fail to provide protection from UV rays and cars that tend to flip when turning a corner.
A defectively manufactured product has a flaw become of some mishap or error in the manufacturing process. For example, a moped may be missing its brake pad or a swing set may have a cracked chain. If you can prove that the product was defective, you would have a defectively manufactured product claim. Failure to provide adequate instructions or warnings relating to a product that is hazardous in some fashion that’s not obvious. The user needs a warning or specific instructions when using it for safety. Examples of a failure-to-warn claim include a medication that doesn’t have a warning label about using the drug with other medications. According to the American National Standards Institute, a warning label should inform the consumer of the existing hazard, state the specific risk and inform the consumer on how to avoid the hazard,
Depending on the case or injury, you may want to consider retaining an experienced national product liability attorney. An experienced national product liability attorney will evaluate your claim to see if it’s valid. Sometimes, these cases may be settled out of court with the product’s insurance company or it may be necessary to go to trial to get fair compensation. Product liability attorneys are well-versed in the laws that protect consumers against the harm caused by defective products. They are there to protect your rights.
Depending on the case, the plaintiff can seek compensation from one o more liable parties, including retail outlets, wholesalers and manufacturers. Anyone involved in a defective product’s chain of distribution may be held liable. An experienced, national product liability attorney will ensure that all of those who are accountable are held accountable.