If you suffered injury or other damages from a product you used, you might have a defective product liability claim. If a product is defective, it generally falls into one of three categories:
- Defective manufacture
- Defective design
- Failure to provide adequate warnings or instructions on the proper use
A person not only has to show that a product is defective, but that their injury was caused by the defect.
A defectively manufactured product may be the most obvious product liability claim. A product involves some error in its manufacture—for instance, a crack in a swing chain. The product deviated from its intended design, even though all proper care may have been exercised to prevent such an occurrence. A defectively designed product has an inherent flaw in its design that causes it to be hazardous to the user, even though the product may have been manufactured perfectly according to specifications. One such example of a defectively designed product is a metal-on-metal hip implant that causes eventual metal shavings which injure a user.
If there are inadequate warnings or instructions related to the proper use of a product, and the user is harmed, there may be grounds for a failure-to-warn claim. This type of product poses danger to a user that is not obvious or requires the user to exercise special precautions when using it. An example of this would be a cough syrup that fails to include on its warning label that it should not be taken in combination with aspirin.
If you’ve been injured by a defective product, seek the counsel of a seasoned products liability attorney.