The Three Types of Product Liability Lawsuits

On Behalf of | Jan 31, 2014 | Personal Injury

As a consumer you are afforded a guarantee when you purchase a product from any company be they a manufacturer, distributor, or retailer. These sellers are responsible for providing products that are free from unreasonable defects. Unfortunately, dangerous products still cause injuries to consumers every year. Those who suffer due to a defective product can seek restitution by filing a product liability lawsuit.

There are three major types of product liability claims that can be filed by a consumer. The first is a defective design suit which means that product was drafted with some inherent flaw that makes it dangerous and not an error with the fabrication. For this type of product liability claim, it is necessary to prove that there was a possible alternative design of the product that would reduce the risks and still serve the same purpose.

The second type of product liability claim is a defect in manufacturing. That is when the process of creating the product does not follow the manufacturer’s specifications. Some error occurred in the making of the product. Where a design defect would affect all of the products, the manufacturing defect would only affect a small amount of the total products due to a manufacturing error.

The third type of product liability claim is a failure-to-warn claim. The manufacturer or seller did not include proper instructions or warnings regarding the proper use of the product. There might not be anything wrong with the product itself but the use of the product is not clearly indicated. Any dangers would not obvious to the user due to the lack of direction. Any injuries that would result could be claimed as a failure to adequately warn.

If you have purchased any item that has caused you harm, you may be able to recoup damages for hospital visits and lost wages. Contact an experienced personal injury attorney in New Braunfels to review your possible case today.