Types of Defective Product Liability Claims
With the holidays fast approaching, it’s only natural that people might be concerned with defective product cases and the specifics therein. If you’re someone that is interested in pursuing a product liability case, then your first step should be to find knowledgeable Charleston personal injury lawyers to take care of your representation needs. Aside from finding representation, it’s also worth educating yourself on the specifics of defective liability claims. With that in mind, here’s a brief breakdown of the many different types of defective liability claims, as well as the components of a successful case.
Defectively Manufactured Products
When a product is found to cause harm as a result of the way in which it was manufactured, then it is said to be a defectively manufactured product. Unlike other forms of product liability, a defectively manufactured product places the liability on the factory which manufactured it. In order to separate a defectively manufactured product from a defectively designed one, the easiest way to do so is to consider whether or not the product’s issues were unique to it individually or if they could be found in any other product on the same shelf. If a product’s issues are unique to itself, then it is a problem with manufacturing. If any of the products from that line would have the same issue, then it’s an issue with the way in which the product was designed.
As with many other forms of liability claims, it’s still important to separate your actions from the issues involved with the product itself. Even if a product was improperly manufactured, that is not enough to award damages if your actions are what led to the accident in the first place. Of course, there’s plenty of room for nuance in these types of claims, which is why it’s so important to seek out Charleston personal injury lawyers to discuss your case with. They can review the specific details of your case and determine whether or not it was your actions or the product which caused the accident.
Defectively Designed Products
Unlike defectively manufactured products, defectively designed products are ones which have been poorly designed from the ground up. Regardless of the reason for the poor design, it doesn’t matter how the factory manufactured it, as it would still have the issues which led to the accident. As a result, the fault and liability do not rest on the factory, but rather on the designer of the product.
As with defectively manufactured products, it’s again worth noting that it is not enough for a product to be poorly designed. In order for your case to be successful, you must prove that the product was both poorly designed and that it was the poor design which caused the events leading to the accident. If your actions were the deciding factor, then the product’s designers will not be held liable, even if their product was found to actually be defectively designed.
If a product does not include a sufficient amount of warnings, or does not properly inform the average user of complications arising from unforeseen side effects, then the product can be said to have a failure-to-warn. Failure-to-warn products are an interesting type of claim in that it primarily rests on what the “average user” would think. If it’s unreasonable for the product to have foreseen a dangerous side effect, then they will not be held liable for the damages involved. This is also the reason many companies appear to have strange or patronizing warning labels on their products. It’s not that they are truly concerned for the average user’s well-being, but rather that they’re trying to insulate themselves from any potential liability claims stemming from a failure-to-warn suit.
As with the other types of cases, a failure-to-warn claim must once again prove that any accident which occurred was entirely the fault of the lack of instructions or warnings associated with the product in question. If a person took steps that a reasonable person might not before suffering from the accident, then the product will not be found to have insufficiently warned people. And, as with the other cases, this is another component of a liability case which can seriously benefit from the knowledge of a legal expert. If you think you might have a case, but aren’t entirely sure, then a legal expert can offer their insight and steer you down the correct path for your claim.
Putting It All Together
One of the easiest ways to compare the different types of liability claims is to think of them through the lens of medication. If the medicine you take makes you sicker due to the presence of a chemical that isn’t supposed to be there, then the medicine would be said to have been defectively manufactured. Alternatively, if the medicine you took doesn’t do what it claims to at all, due to something as simple as poor marketing, or poor design, then it would be considered to be defectively designed. Finally, if you take a medication and then discover that it has an unfortunate and undocumented reaction to being combined with water, then you’d likely have a failure-to-warn case on your hands.
While this is a simplistic view of how product liability claims work, it should serve as an effective basis for you to prepare your case. The more knowledgeable you are of the various liability claims, the more easily you’ll be able to communicate the specifics of your case with your legal representation. Of course, there is no replacement for an actual expert, and it’s important that you seek out an attorney that you know you can trust. Liability claims can often escalate into far more serious affairs, especially if they lead to a class action lawsuit, so it’s important that you build a legal team that you know will get the job done and help everyone get the payment they deserve for their injuries. Regardless of whether you’re interested in pursuing a defectively manufactured product claim, a defectively designed claim, or a failure-to-warn claim, the most important thing is that you have your interests properly represented.
If you have a concern about your legal rights, remedies, and obligations contact the experienced lawyers of the Law Office of Freeman & Chiartas.