Every year, thousands of consumers are injured by defective products. Defective products that cause these injuries range from produce to vehicles, baby formula to medical equipment. Consumers who are injured by a defective product may have the ability to sue those responsible. But how does a consumer know if their injury was bad luck or the result of a negligent manufacturer?
To start, consumers can learn about what legally constitutes a defective product and a potential product liability claim. Learn about the most common types of claims from a Georgia product liability lawyer.
Most Common Types of Product Liability Claims
There are four primary types of product liability claims. These are the umbrellas of product liability, but there are many products and situations that fall underneath. The three most common types of claim include:
1. Design Defect
Design defect product liability claims are based on the injuries being the result of a design defect. It was the actual design – not the manufacturing process – that is defective. A good example of a design defect is a vehicle that is designed to be top-heavy. As a result, there is a high risk of the vehicle rolling over. Any injuries caused by this sort of accident would fall under product liability.
Design defect claims rely on the product being proven “unreasonably dangerous”. That means that, because of its design, the product fails to perform in a safe way – the way a consumer would expect it to perform. A product may also be deemed unreasonably dangerous if the product, when used as expected, poses a risk of danger that is greater than any potential benefits.
2. Manufacturing Defect
Manufacturing defects are the leading cause of product liability claims. These lawsuits claim that the design of the product is safe, but something happened during manufacturing that made the product dangerous or unsafe. Manufacturing defects occur when the finished product does not conform to the design, or if the product fails to perform as intended.
A good example of a manufacturing defect is a set of tires. The design of the tires is safe and meets all standards. However, during manufacturing, the adhesive glue that holds the tire together gets contaminated with dust or particles. This poses a risk of tire tread separation, which can cause blowouts and accidents.
3. Labeling Defect
A labeling defect product liability claim arises from situations where a consumer is injured and believes that the manufacturer did not adequately warn or label their product. In short, a manufacturer had a legal duty to warn consumers about a hazard, but they failed to do so. These cases often result from medications, infant and children’s products, and medical equipment.
A good example of a labeling defect is a medication. A patient takes the medication but experiences side effects not listed on the label. Had the label included a warning about these side effects, the consumer would not have taken it.
Manufacturers are not required to label their products with warnings about every potential risk. However, they are required to include warnings about hazards that are generally discoverable, known, or suspected given the information. Warning labels must adhere to certain standards, and must include adequate wording and other relevant information.
4. Failure to Warn
Failure to warn product liability claims are similar to labeling defect claims. However, failure to warn claims can also include marketing materials and instructions on use or assembly. Failure to warn claims may arise if a product is marketed as being safe when it is not. For example, a cleaning solution doesn’t have a warning label warning that using the product with certain other products could be harmful or fatal. In the case of instructions, perhaps the manufacturer did not include a warning about a certain hazard if a particular part was not installed correctly.
Sometimes failure to warn claims also include labeling defects. For the plaintiff (victim), they will have to prove that their injuries were directly due to the lack of a warning. They must also prove that they were using the product correctly and within stated guidelines.
These four types of product liability claims encompass a wide range of hazards and injuries. It is important that consumers understand that there are guidelines and laws related to product design, manufacturing, marketing, and distribution. Consumers who are injured by a defective product should consider speaking with a product liability lawyer.
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