Know the Three Types of Product Liability Claims

 Posted on June 23, 2015 in Personal Injury

Every day, thousands of people in the United States, many of them children, are injured by dangerous or defective consumer products. Examples can be found on news reports or in headlines with alarming regularity. Vehicle airbags prone to explosion, medical devices that few people can properly pronounce, and defective office chairs have all been the subject of recent reports linking them to risks of serious injury or illness, and, in several cases, even fatalities.

Those who have been injured by a defective or dangerous product generally have standing to file a lawsuit seeking compensation for their injuries. Such legal action is often based on the negligence of the defendant, and claims for product liability look to prove one of three types of product defects.

Design Defects

Before the product ever went into manufacturing, its design was dangerous. Although the product may serve its purpose, it poses an inherent risk to users. An example may include a sport utility vehicle with a propensity for flipping over when turning at normal speeds. Design defects are not the result of the manufacturing process, but instead, a flaw or oversight in the initial creation of the entire line of the same product.

Manufacturing Defects

The second type of product liability claim is based on a defect in a product’s manufacturing. Poor quality control, counterfeit or substitute parts, or faulty factory machinery can lead to a well-designed product becoming dangerous and causing injury. A claim based on a manufacturing defect may be appropriate if a child’s car seat, for example, was properly designed, but during one particular run in the factory, the seat was assembled improperly, with fasteners that did not adhere to the design specifications. During an auto accident, the seat came apart and the child was injured; the manufacturer may be held liable for the manufacturing defect.

Marketing Defects

Unlike design and manufacturing defects, marketing defect claims are based primarily on the dissemination of information related to a dangerous product. While it is possible that a marketing defect is a also manufacturing defect, such as the use of improper packaging at the time of production, many marketing defect claims involve failure to warn or the lack of appropriate instruction.

Some products are inherently dangerous even with flawless design and manufacturing. Household chemicals, for example, are often poisonous and caustic, but a cleaning product that can cause burns should carry a warning and instructions to wear protective gloves. Failure to include such information may be seen as a marketing defect.

No matter what type of product liability claim you may be interested in pursuing for your injuries, an experienced Hinsdale personal injury attorney can assist you through the process. Contact our office to schedule your free initial consultation. We will review your case and help you understand how to best proceed in collecting the compensation you deserve. Call 630-920-8855 today.