Product liability claims are filed every day in America. Unfortunately, many people fail to realize exactly what type of defects and dangerous product qualities can lead to a quality product liability claim. As Americans educate themselves more thoroughly, they’ll have a better ability to hold negligent manufacturers and sellers responsible. To assist you down this path, here are five types of product liability claims consumers should absolutely know about:
1. Design Defect Claims
If the design of a product that makes it to market is inherently dangerous, especially if the manufacturer or seller actively knew the product was inherently dangerous, injuries caused by the product can quickly lead to design defect claims. Top-heavy cars, improperly made firearms, or other defectively designed products lead to these types of product liability cases every single day. If you or a loved one are injured by a defectively designed product, you should contact a qualified product liability attorney for legal assistance immediately.
2. Labeling/Warning Defect Claims
Product liability claims that focus on warning or labeling defects are fairly common in the United States. These lawsuits arise when a product’s manufacturer or seller fails to provide reasonable labels or warnings about potential choking, flammability, or injury hazards associated with the product. For example, if they were to sell a skateboard without warnings of how it could cause broken bones and concussions, you might have a quality labeling/warning defect claim on your hands. Prescription medications are most commonly associated with these types of product liability claims, however. Because improper medication use is so dangerous, these types of lawsuits can become high-profile class action cases quickly.
3. Manufacturing Defect Claims
When looking at the larger landscape of product liability claims, manufacturing defect claims are by far the most common type of case. These lawsuits are boiled down to claims that manufacturing detects made products either unsafe or ineffective. If the intended design fails to perform correctly, you could likely have a successful manufacturing defect claim on your hands. Especially if the defect causes a serious, or likely risk of harm, your legal representative could end up getting you a large settlement for the damages the defective product caused you. Improperly made tires, and other auto parts, are commonly associated with manufacturing defect claims due to how much potential danger and hazards they present to the person buying the defective product (and to everyone else they are driving with on the road as well).
4. Negligence Claims
When you file a negligence-based product liability claim, you’re accusing a product’s manufacturer or seller of failing to describe, make or present the product in a way that was safe, effective, or accurate. If a product’s producer or manufacturer failed to deliver a safe product to a market, especially if they did so knowingly, they can be sued for any damages or financial loss that the product placed upon the victim. If a defendant’s breach was the proximate cause of the plaintiff’s injury or financial harm, these types of negligence claims are often open-and-shut cases. However, each case is different, so be ready for potential complications any time you seek to file a negligence-based product liability claim. This preparedness will come in incredibly useful in the long run, after all.
5. Breach of Warranty Claims
These claims are based on the promise or guarantee of a product’s performance being falsely presented – especially when those claims lead to injury or financial harm. In most cases, warranties are either explicit or implied, so your legal representation will need to determine which your breach of warranty claim is dealing with before moving forward. A person can file a breach of warranty claim even if they were transferred into the warranty after purchasing a used item (as long as the warranty is still viable and active). Because of the complexity of this type of product liability claim, you need to listen to every bit of your lawyer’s advice as efficiently as possible. Doing so can help you increase your odds of winning your case and receiving a fair settlement.
You Deserve Compensation for Losses and Injuries Related to Product Liability Issues
When you’re injured by a defective or poorly manufactured product, you deserve financial compensation for the injuries or financial loss that you’ve experienced. Hundreds of lawsuits in this area of the law are filed every single day. With the right legal assistance in your corner, you can receive the justice and compensation that you rightfully deserve.
