Everything You Ought To Know About Defective Product Liability Claims
You might have a defective product liability claim in case you have suffered any injury or other damages due to a product used by you. Usually, the claims fall into 3 categories: defective manufacture, defective design or inability to provide instructions and warnings regarding the appropriate usage of the product.
You will be able to figure out whether you do have a legitimate claim by comprehending these categories. Every state essentially has the identical basic laws regarding the types of defective product claims which have been mentioned below. Remember that it is imperative for you to show that the product was actually defective and that your injury was caused by that defect.
1. Defectively Manufactured Products
A product which has been manufactured defectively is flawed due to certain errors while manufacturing it and, consequently, that particular product will be a bit different from the rest on the shelves. It is the manufacturing defect which is responsible for causing the injury. Therefore, in case you skidded off the road while driving and injured yourself, you might only have a manufacturing defect claim by showing that it was the actually missing brake pads that caused the accident and not your faulty steering.
2. Defectively Designed Products
In this case, the design of the product is inherently defective or dangerous. Although the faulty manufacturing process will not result in defective design claims, it can be claimed that the entire line of products is actually inherently dangerous despite the fact that the product was manufactured perfectly as per the specifications of the manufacturer. In this case, it is again the defective design that must have caused the injury. In case, while driving a flip-prone vehicle, you crashed into another car accidentally you might only have a design defect claim provided you can prove that the reason of the crash was due to the fact that it actually flipped over while turning.
3. Inability to Provide Adequate Instructions or Warnings
This particular type of product liability claim will involve an inability of providing adequate instructions and warnings regarding the proper usage of the product. Usually, these types of claims will involve a product which is hazardous in a particular way that the user is not aware of or which demands special diligence or precautions from the user while using it. Yet again, the inability to instruct or warn properly should be the reason for the injury. In case you suffer injury from an accident like getting burnt by the steam coming out unexpectedly from the oddly positioned steam valve of a brand-new tea kettle, you might have a failure-to-warn claim.
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