A defective product claim can take many forms. At a basic level, it means a product failed to perform as promised or as expected causing injury, illness, or loss of life. In those cases, legal action must be taken quickly if there is any hope of holding the manufacturer and others accountable. These cases have seen a sharp increase in recent years, because so many more products are now manufactured overseas where manufacturing controls and restrictions are less stringent than in the U.S. Even so, products manufactured here in the U.S. may similarly have defective parts and serious design flaws causing terrible injuries or loss of life.
Types of Product Liability Claims
While several different types of product liability claims exist, most general lawsuits fall into three categories.
- The first is a manufacturing defect, which means that at the factory or some place between the factory and the place of purchase, there was an error with the product.
- The second is a design defect, which means that the idea or the very design itself is defective. Even if the product was manufactured correctly, the flawed and dangerous design impacts the entire line of products, not just the single product causing the injury.
- Finally, there are marketing defects. These cases involve inadequate warning labels or instructions that make the product dangerous to use because the end-user is not adequately or appropriately warned of the dangers in using the product.
These cases involve inadequate warning labels or instructions that make the product dangerous to use because the end-user is not adequately or appropriately warned of the dangers in using the product.
…the entire line of products, not just the individual one causing injury, are alleged to be defective and, therefore, dangerous.
Uncovering what party was liable, and why, is frequently complex because so many parties may be involved in the sale, distribution, design, and marketing of a product. As a result, manufacturers, retailers, suppliers, and distributors are common defendants in a defective products case. Contractors, engineers, and designers can also be held accountable for an injury caused by a defective product.
We are here to help
The defective product claim lawyers at Daly & Black, P.C. can help you or your family determine if a potential defective product claim exists. Often, this requires expert analysis of the facts, the product itself, accompanying warnings and labeling, and some discovery of the surrounding facts. If you suspect that you or your family may have such a claim, call one of our lawyers for a free consultation.