Defective products cause thousands of injuries every year. From sunscreen recalls that cause burns or reactions to people’s skin to recalls on parts of cars like defective airbags, products with hazardous defects never cease to find their way into public domain.
When these products cause damage to consumers, the parties involved in creating and distributing these products can be held liable. If you’ve been injured by any product, it’s important to understand what types of product liability claims you can file suit for. When looking at product liability, there are three main ways that product liability claims can be approached:
- Design Defects
- Manufacturing Defects
- Marketing Defects
Design defects for product liability claims
A design defect is when the product as a whole was designed poorly or was not properly tested, resulting in a faulty, hazardous and dangerous product. An example of a design defect would be a dresser that is top heavy and is not provided with materials to secure it to a wall for safety, leading it to easily topple and cause injury.
To make a product liability claim for a design defect, you need to demonstrate your use of the product, that the product is dangerous by design, and that your injuries resulted from your use of this product. When demonstrating that the product is dangerous by design, you need to prove that more likely than not a safer design was available for this product.
Manufacturing defects for product liability claims
Manufacturing defects are the most commonly made product liability claims. In a manufacturing defect, the product was designed well, but when these designs were constructed or assembled, an error was made that caused the product to become dangerous.
An example of a manufacturing defect could be a child’s car seat that was designed well, but when it was assembled defective buckles were used that did not close properly to fully secure the child.
Manufacturing defects can include:
- Attaching parts together incorrectly
- Installing expired or outdated components
- Using the wrong types of screws, nuts, or bolts
- Incorrectly installing electric circuitry
Marketing defects for product liability claims
Product marketing defects (also known as failure to warn) include flaws in the way a product is marketed to the public that makes if unsafe. Manufacturers have a responsibility to warn consumers about dangerous characteristics of products. While they are not required to outlined every possible risk, there are specific legal guidelines they must follow with respect to outlining dangers identified for their products.
Elements like instructions and warning labels (or lack there of) fall into the category of marketing defects. A prescription medication that did not contain a warning label about dangerous interactions with other medications is another common example of a marketing defect.
Do I need a lawyer to make a product liability claim?
Dangerous products can often lead to serious injuries. When looking to make a product liability claim, it’s important to work with a trusted and experienced product liability lawyer. Product liability law is complex, and a lawyer will improve your chances of winning your case.
Porcaro Law is the leading product liability law firm in Florida. If you’ve suffered an injury from a faulty product, please contact us today for a free consultation or give us a call at 561-450-9355.
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