What Are the Various Types of
Defective Product Liability Cases?
Globalized markets today offer a wide range of products for our daily use. Due to a sharp increase in the mass production of goods, there are concerns about their quality and durability. Many accidents and injuries occur due to defective products that malfunction due to various reasons. If you live in or around Philadelphia, PA personal injury attorneys can help you if you or your loved ones have suffered damage due to a defective product.
Types of Defective Product Liability Cases
Different states have different laws that deal with liability claims. However, there are some broad grounds on which you can claim compensation. The crucial thing to remember is that you have to prove two facts:
- The product you received is defective
- This defect was the direct cause of the injury you suffered
To file for a case of defective product liability, you must be able to identify the category under which you will pursue your claim. Broadly, there are three such categories:
Defective Manufacturing
A defectively manufactured product is the most common cause for filing product liability lawsuits. A product is said to be defectively manufactured when there is some error or flaw in creating it. Claims of liability for defective manufacturing assume the product design to be acceptable and instead place the burden on the errors that occurred in the manufacturing process, resulting in the product becoming less safe to use for the consumer.
Defective Design
This type of claim of liability can be filed if there are errors in the product’s design. The fault is not in the manufacturing process but is inherent in the very blueprint of the product design. Such products could thus be potentially dangerous to all its users. You can establish liability if you can show product failure as a whole.
Lapse in the Responsibility of Providing Adequate Warning and Instructions
There are certain cases where a product has no flaw at either the design or manufacture level. However, accidents happen because of such products due to insufficient information about their use or improper warnings of possible risks. This includes dangerous products to use in ways that are not obvious to consumers generally. Suppose the product is not accompanied by clear instructions of use or adverse consequences in case of wrong use. In that case, you can file for compensation on the grounds of failure of responsibility to provide a proper warning.
You must determine the nature of the error which caused your injury due to a defective product. If you or someone you know is involved in an accident due to a defective product, you can consult an experienced attorney who can help you understand the grounds for filing your claim and presenting your case in court.
