If you have suffered an injury as the direct result of using a defective product, you may have a product liability case. To help you determine if you have a case, let’s take a look at the three different types of product liability claims.
#1: Defective Design
In a defective design claim, you must prove that the design of the product was inherently dangerous. In this type of defect, all of the products in that product line will be considered defective.
A good example of defective design is a car that, because of its design specifications, loses braking ability after a certain amount of normal use. If you were driving this car and the brakes stopped working, causing you to have a wreck, you would have a defective design claim.
#2: Defective Manufacture
A more common product liability claim is due to defective manufacture. In a defective manufacture claim, an error in the manufacturing process caused the defect. Not all of the products in the product line are affected. It may be only a batch or even just one product.
For example, if a few drops of poison were to accidentally get mixed in with a bottle of antacid at the manufacturing plant, and you were to be poisoned by the medicine, you would have a defective manufacture claim.
#3: Failure to Provide Proper Warnings or Instructions for Proper Use
The final type of product liability claim occurs when you are injured by a product that isn’t labeled properly. The manufacturer is required to warn you of things that are likely to happen when your product is used properly.
Imagine you are taking an allergy medicine and it fails to mention on the packaging that it can cause drowsiness and that you shouldn’t drive while taking it. If you were to get into a wreck on the way to work after taking this medicine, you could have a product liability claim.
What Other Factors Determine Whether You Have a Claim?
There are two other determining factors when deciding if you have a valid product liability claim:
- You must have been using the product for its intended use.
- You must have been injured by the defect.
If you are using a can of hairspray and a lighter as a makeshift blowtorch and get burned, you won’t have much luck with your claim. Hairspray is not intended for that use so the manufacturer is not required to make sure it is safe for that use.
Likewise, if you are driving the car with the faulty design and the brakes go out, yet you manage to roll safely to a parking spot and escape with no injuries, you don’t have a case. You have to prove that there was a defect and that the defect directly caused you injury.
Do You Have a Product Liability Case?
If you feel that your situation meets the standards for a product liability case, or if you would like more information, please contact the product liability attorneys at Wolfe Jones today.
We can answer any questions you may have and help you navigate the process of filing a product liability claim.