Product liability refers to holding manufacturers, designers, or distributors accountable for selling defective products. Defects in medications, vehicles, furniture, and toys are some of the main focuses regarding product liability claims. In the worst cases, defective products have led to traumatic brain injuries, internal injuries, and death. In this post, we will discuss the three types of product liability claims: design defects, manufacturing defects, and marketing defects.
Design Defect
This defect is when the product’s design is dangerous to consumers and does not occur due to an error during the manufacturing process. In design defect cases, the plaintiff will need to prove that there was an alternative design for the product that could have prevented any injuries.
Manufacturing Defect
A manufacturing defect is the most common type of product liability claim. This defect occurs when the design is safe, but something happened during the manufacturing process that caused the defect. In manufacturer defect cases, it has to be proven that the product caused the injury, the product was truly defective, and the product was used as intended.
Marketing Defect
This defect occurs when the proper warnings or labeling are not applied to the product in question. For example, if a product is a choking hazard, flammable, or can cause harm in some other way, it must be properly labeled, or it could result in severe injury or death. Manufacturers are not required to put every possible risk, but if their warnings, instructions, or lack thereof are proven inadequate, confusing, or misleading, they could be held liable in court.
If you are injured by a defective product, there are a few actions that need to be taken to help your case — seek medical attention, do not throw anything away (the defective product, bloody or torn clothing, etc.), and avoid posting about the incident on social media. Your medical records, the product, and any other related items can be used as evidence in your case. After you have the previously mentioned items, you should contact an experienced attorney to assist you with your product liability claim.
Were you or a family member seriously injured or killed by a faulty product? Filing a product liability claim will be the first step to receiving the justice you deserve. At Rucker, Rucker and Aymett, we have extensive knowledge of product liability and would love to help you explore your legal options. You can schedule a free legal consultation with our office by calling (615) 893-1134.