What makes a product liability claim?
“Product liability” is a fairly broad term that generally encompasses three categories: manufacturing defects, design defects, and marketing defects.
Manufacturing Defects
This type of product liability claim centers around products that are dangerous due to errors made during their manufacturing process. Ideally, these products would be safe if produced correctly. However, defects that occur during manufacturing can make them harmful to consumers. With this kind of claim, the product wouldn’t have been dangerous if it had been manufactured correctly. The product harms a consumer because of some fault in the process, like a defective component or poor quality control. A great example of this is a food manufacturer using contaminated ingredients.
Design Defects
A product doesn't have to have a manufacturing flaw to be dangerous. Sometimes, it’s the design itself that’s dangerous. In these cases, the court will look at how the product was intended to be used, but it will also take into account misuses that might reasonably occur. For instance, imagine a bottle manufacturer that creates pill bottles with childproof caps. The caps end up not working as they’re supposed to, and a child is injured because they ingest pills after opening the cap. Even if the bottle says “keep out of reach of children,” the manufacturer could be found liable for the defective caps. Accidentally leaving the bottle near a child could be considered “reasonable misuse.”
Marketing Defects
A marketing defect means the manufacturer didn’t adequately warn the consumer about potential dangers. For example, if a manufacturer knows a device’s battery could explode when it’s plugged in too long, it should include a warning on the product packaging. If there’s no warning, a consumer injured by an explosion might have a claim based on a marketing defect. Product liability claims can involve virtually any kind of product. However, the following product types show up frequently:
- Cars
- Medications
- Appliances
- Medical devices
- Food
- Electronic devices (many of these claims involve explosions)
- Children’s toys
It’s important to note that not every injury resulting from product use will result in a successful claim.
When you set up a consultation with a product liability attorney in Clayton, they’ll review your unique circumstances to assess the viability of your potential claim. If they think you have a good chance of winning, they’ll likely take on your case. Don’t make the mistake of not working with a lawyer because you think you can’t afford it. Consultations with personal injury attorneys are almost always free, and these lawyers generally work on a contingency basis. This means that you pay nothing upfront — you’ll only incur fees if your lawyer successfully recovers compensation for you, and these fees will be deducted from your total award.
