Generally, a person who is injured by a product he or she used could have a claim against the manufacturer or the retailer for product liability. Those claims usually fall into one of three categories: (1) defective design; (2) defective manufacture; or (3) failure to provide proper warnings or instructions. It’s important to understand the difference in these types of claims, as that can help you understand whether you may have a case for product liability or not.
Defectively designed products. In this type of product liability, a product’s design is inherently dangerous or defective. These claims originate when an entire product line is correctly made, but the design itself is dangerous. Some examples of design defects include prescription drugs with very dangerous side effects, a curling iron that catches on fire when left on too long, or a vehicle that flips easily when travelling at a high rate of speed. In order to pursue a claim for a defectively designed product, you must show that your injury was caused by the defective design.
Defectively manufactured products. In this type of product liability, the product is properly designed, but it was flawed because of an error while manufacturing it. This means that the entire product line would be fine, but your particular product was defective. Some examples of defectively manufactured products are a vehicle that’s missing its brake pads, a jar of peanut butter containing a toxic substance, or a trampoline with broken springs. In order to pursue a claim for a defectively manufactured product, you must show that your injury was caused by the defect.
Failure to provide adequate warnings or instructions. This type of product liability involves a failure to provide warnings or instructions about the product’s proper use. Usually, this means that the product is dangerous in some type of way that’s not obvious, but no warnings were given about the hidden danger. Some examples would be a medicine that doesn’t give warnings that it shouldn’t be taken in combination with another medicine or a dangerous chemical that’s sold without instructions on how to store it.
Product liability claims can sometimes be complex. It can often be difficult to know whether you even have a valid product liability claim. If you have been injured by a defective product, contact Dallas product liability attorney Kris Barber at 972-231-5800.