Different Types of Product Liability Claims
As someone who has used a product that has caused them bodily harm it is your right to pursue a product liability claim. This is the kind of claim that is filed against the makers of the product. It serves 2 purposes – it will get you compensation and it will also force the manufacturer to either improve the product or pull it from the market. There are different kinds of product liability claims that you can file.
Manufacturing Defect Product Liability Claim
This is a kind of claim is filed when the way a product is made – essentially, the product is made different from all other products like it. A good example is a car. If you buy a certain kind of car and then as you are driving it suffers brake failure you can come forward with a manufacturing defect product liability claim. You are not saying that the whole line of cars similar to yours is defective, you are only saying that yours was designed defectively. These kinds of claims can be rather challenging – you have to prove that the personal injury was caused by a defect in the product.
Design Defect Product Liability Claim
In this kind of claim you are trying to prove that the design itself was the problem, not the manufacturing. This means that the whole line of products is defective and anyone, or at least most people who use them will get an injury. These kinds of claims are very expensive because they force companies to recall products worth millions and sometimes billions of dollars. A good example is Volkswagen – since they lied about emissions they have had to recall very many cars.
Failure to Provide Adequate Warnings/Instructions Product Liability Claim
A manufacturer can put out a product that has the capacity to be injurious but so long as they put a strong warning on it they cannot be sued. If, however, they fail to give warning or the warning is not strong enough they can be sued by anyone that the product causes injury to. A good example is over-the-counter medication – if it can cause harm when taken at certain dosages or with certain other medications and there isn’t a strong enough the drug company can be sued.
To arrange a meeting to discuss your rights and options, contact our office online or call us at 800-766-9441.