Most defective product liability claims fall under one of three different categories. These include:
- Defectively Manufactured Product Liability Claims;
- Defectively Designed Product Liability Claims; and
- Product Liability Claims Involving a Failure to Provide Proper Instructions and/or Warnings.
Defectively Manufactured Product Liability Claims
These types of claims occur when an individual is injured as the result of a product being manufactured incorrectly. For example, if a knife handle is not properly affixed to the blade of knife as a result of a flaw in the manufacturing process, it is likely that a serious injury will occur to the consumer who purchases said knife. Because the knife was improperly manufactured, the manufacturer would likely be responsible for any costs associated with the resulting injury.
Defectively Designed Product Liability Claims
These types of claims arise when, during the design process, a product was designed with a flaw that could lead to the injury of a consumer. In these cases, the product was manufactured properly, but because the design was flawed and the product was defective. In cases like this, companies usually issue product recalls once the defect is noticed. If a consumer is harmed before the recall is issued, that consumer can file a claim to receive compensation for his or her injuries.
Failure to Provide Proper Instructions and/or Warnings
Some products, such as blenders or power tools, will always have the potential to injure consumers. Manufacturers protect themselves by providing instructions and/or warnings that tell consumers how to avoid injury. If the manufacturer of a product fails to provide such instructions and/or warnings, they may be responsible for any resulting injuries.
Filing Your Defective Product Liability Claim
When filing a defective product liability claim the manufacturer of the product is often responsible. However suppliers, wholesalers, distributors and/or retailers may also be responsible. It is often a good idea to consult with a personal injury attorney to determine which party or parties may be at fault.