Understanding The Three Types of Product Liability

If you have been injured or suffered other damages from using a certain product, you may have grounds to file a product liability claim. In order to determine the validity of your claim, it is important for you to have knowledge of product liability. It is worth noting that every state follows the same basic laws, but they vary somewhat. To prove liability, you must not only show that the product had defects but that they also resulted in your injury. The Consumer Product Safety Commission maintains a list of the dangerous products that are recalled every year.

Products that are defective or unreliable can result to physical trauma or even death. Some products that can cause injury include consumer products such as electric appliances, hair dryers, pools, and ladders. Children’s products like defective and injurious toys, defective safety gates, toy guns, and others can also cause injury. Industrial products like cutting discs, defective drills, arbors, and others can lead to severe and catastrophic injuries or deaths.

As stated in the website of Abel Law, despite the advances in shipping technology and globalization, many people buy products without knowing where they were made or how closely the production is being monitored. If the product has caused serious hazards to you or your loved ones, it is possible to seek damages and repayment for the losses you incurred.

When a product is defective and resulted to injury, there are three possible defects that could have caused it:

Design Defect

A product that has a defective design means that the entire product was poorly designed or not properly tested. For this reason, all the other products can be a potential hazard to the user. Some examples of a defective design include a car that can flip over while turning a corner or a sunglasses that is not able to protect the eyes from ultraviolet rays.

Manufacturing Defect

In manufacturing defect, the product had a fine design but the flaw or hazard arise in the making of the product. In this scenario, not all the products will be hazardous but just the product with flaws in manufacturing.

Marketing Defect

Here, the defect has to fo with the failure to provide appropriate warnings and instructions about how to properly use the product. If proper warning is not give, consumers could likely get injured and you could be held liable for not informing the public about it.

While many products may not carry defects, it may still bring about injuries not because of their flaws but due to user error.