Types Of Product Liability Claim Types

By Brent O Underwood

If you are planning to file a product liability claim, it's important to understand what kind of claim you need to make. There are three types of product liability claims, based on different issues with either the production or marketing of the product. If you are going to file a lawsuit, you will likely need to enlist the services of a product liability or personal injury lawyer, who can advise you more thoroughly on the type of product liability claim involved in your case. However, to give you a starting point, here is a basic breakdown of the different types of product liability claims.

Manufacturing defects

These defects occur during the production stage, whether due to poor workmanship, the use of cheap materials, breaches of procedure, or other mistakes. There is nothing inherently wrong with the design of a product that is defective due to manufacturing issues; many non-defective products may be produced from the same design. Rather, products that are defective due to manufacturing issues may be missing parts, made with hazardous materials, or damaged or mishandled during the production process.

Design defects

Products with this kind of defect are flawed from conception. These products have some kind of design issue that causes them to be substandard, not suitable for the use intended, or even dangerous to users. When arguing that a product is defective by design, it is necessary to prove either that the product was poorly designed and inherently dangerous from the start, or that its design could be reasonably expected to hurt someone using it in the manner that it was intended to be used.

Failure to warn

This type of defect occurs in the advertising or marketing stage, when the manufacturer fails to provide proper instructions or warnings about how to use the product safely. Appropriate instructions and warnings alert people that they need to be careful when using the product and be cautious of certain circumstances. For instance, maybe the product has an unusual feature or is unsafe to use under certain conditions. When necessary instructions aren't given, consumers can be injured in accidents that could have been anticipated and easily avoided with the proper warning.

An expert can help you determine the right type of claim.

It can be difficult for consumers to know if they are partly liable for an accident or if they are just innocent victims of defective products. If a claim is appropriate, it can be just as difficult for most people to tell which of the three main types of product liability applies to their situation. A good lawyer can be useful in determining what type of product liability claim to make and ensuring that victims are appropriately compensated for their injuries.

The personal injury attorneys at Friedman & Friedman PA handle all types of accident injury cases in Miami and throughout the state of Florida. Our law firm has a well-earned reputation for providing aggressive and high quality representation, and we know injury law. Call 800-446-6482 for a free, no-obligation consultation, or visit friedmantriallawyers.com to learn more about the firm.

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