02 Mar What kinds of defects give rise to product liability claims?
American consumers rely on the safety of everyday products that they purchase at department stores, that are prescribed to them by their doctors, and that they incorporate into their routine lives. However, not all of these products are safe, and sometimes they can cause catastrophic injury or death to the people who use them. Even worse, virtually any kind of innocent-looking product could present dangers, so there’s no way to know for certain if something is 100 percent safe.
Let’s take a look at the types of product defects that could give rise to an injury or death:
— Design defects: Design defects happen before a product is ever manufactured. With these issues, there is a problem with the design of the product that results in a danger to consumers. For example, perhaps a bike is poorly designed without proper support in its frame, and the frame is in danger of buckling as soon as a bicyclist hits a prominent bump in the road.
— Manufacturing defects: Manufacturing defects happen during the assembly and building of a product. Perhaps factory workers forget to install an important bolt that holds the breaking system on an automobile together. Perhaps factory workers made this same assembly mistake on 100,000 cars, creating real dangers for motorists and their passengers.
— Marketing defects: Marketing defects aren’t as much “defects” as they are information and communication problems. Let’s say a dangerous drug is marketed to senior citizens, even though studies revealed that people over the age of 60 have an elevated risk of stroke when they take the drug. Marketing defects could also relate to labeling errors and insufficient instructions. Essentially, they relate to material misrepresentations and/or omissions of information that, had the consumer known the information, he or she would have thought twice about purchasing or using the product.
Were you or a family member hurt by a dangerous product? A personal injury lawyer can evaluate your potential dangerous product claim for relating to your injuries to determine what legal strategies are available to help you seek a financial recovery.
Source: FindLaw, “What is Product Liability?,” accessed March 03, 2017