The obligation of product designers and manufacturers is to minimise the likelihood of consumer injury due to defects and similar flaws. Additionally, they must ensure that consumers are informed of any inherent risks associated with the use of their products.
Design Defect Claims
Some items are inherently hazardous. A chainsaw, for instance, has the potential to cause harm. A person who is injured while using a chainsaw may not be eligible for compensation if the chainsaw was free of defects.
However, occasionally products are hazardous due to design flaws. These may be defects that should have been identified and corrected prior to manufacturing. These products may contain design flaws. In other words, they are dangerous in a way that an ordinary consumer would not anticipate.
Claims for design defects are complex. Typically, they require proving that the manufacturer could have used a safer design alternative. The safer design must be reasonably priced.
Manufacturing Defect Claims
The design of a product is not necessarily the only factor that can lead to accidents. Even if a product was properly designed, defects can arise during the manufacturing process.
Claims involving manufacturing defects are typically the most prevalent type of product liability claim. The use of inferior materials, improper craftsmanship, or general carelessness on the part of a manufacturer can result in manufacturing defects. A product with manufacturing defects is not affected by a design flaw. Rather, a manufacturing error causes the product to deviate from the design in a dangerous manner.
Consider the following illustration: The manufacturer of a ladder designs a product that, if manufactured properly, should support the average consumer’s weight. Nonetheless, it is possible that workers involved in the production of a ladder neglected to install certain screws or other components. As a result of their carelessness, a rung of the ladder breaks. If someone was hurt as a result of this mistake, they could file a claim for a manufacturing defect to seek compensation.
Improper Warning or Labeling Claims
Once again, some products are inherently hazardous and cannot be made safer through design or production. When this is the case, it is the manufacturer’s or a related party’s responsibility to warn consumers of such dangers.
Occasionally, a manufacturer fails to provide adequate warnings about the dangers of a product. If a consumer is injured after using a product about which they were not warned, they may have a claim for failure to warn.
Frequently, medications are the subject of inadequate warning or labelling claims. Numerous (if not the vast majority) pharmaceuticals have the potential to cause side effects. Consumers should be aware of the risks associated with the use of any medication, whether over-the-counter or prescribed. Consider a scenario in which a pharmaceutical company was aware of, or should have been aware of, the adverse effects of a medication but failed to warn consumers. In this instance, consumers who have been injured may be eligible for compensation from the pharmaceutical company.
That is not to say that this type of claim is limited to pharmaceuticals. For instance, in the well-known McDonald’s hot coffee case, a McDonald’s location served coffee at an unreasonably high temperature and failed to warn a customer accordingly.
Contact a Personal Injury Lawyer For Help
This summary emphasises the fact that multiple parties may be responsible for compensating a victim in a case involving product liability. If you believe you have cause to file a claim, this is one more reason to hire a lawyer. If you decide to file a claim or lawsuit, the expertise of an attorney can play a crucial role in determining who should be the defendant.
If you suspect you have cause to file a product liability claim but are uncertain, you should strongly consider having an attorney review your case. They can assist you in determining whether legal action is justified.
Contact Our Personal Injury Law Firm
Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.