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Three Types of Product Liability Claims

If you or a loved one has been injured due to a defective product, we can help you hold the negligent party responsible and fight for the damages you deserve. When filing a claim of product liability, the type of claim generally falls under one of the following categories:

  1. Manufacturing defect
  2. Design defect
  3. Failure to provide warnings or instructions

In order to file any of these claims, you will not only have to show that a product was defective, but also that the specific defect in the product has caused an injury. Let's take a closer look at the three different types of claims.

Manufacturing Defects: this would be a type of flaw due to how the product was made. This type of defect is usually caused in the factory when the product is put together. This means that the other products on the shelf may not be defective, but one in particular was manufactured incorrectly. An example of this would be a bike with brakes that do not work. Only one bike may be defective, but the design could be safe and adequate. To file this type of claim, you need to show that the defect in the brakes was the direct cause of your injury.

Design Defects: this would be a type of flaw due to the design of the product. This type of claim does not have to do with the manufacturing of the product, but the design that is inherently dangerous. Design defects involve entire lines of products, not just one that was not made correctly. An example of this would be a stroller that poses a risk of injury to a child due to dangerous hinge mechanisms. When filing this claim, you would have to show the design defect and that it was the cause of an injury.

Failure to Provide Warnings or Instructions: this would be a flaw with the warnings and instructions that come with a product. In order to bring about a failure to warn claim, the product would have to be dangerous and the need for precaution was not made clear to the user. For example, warning labels that come on medications failing to have a warning of the side effects that may come with mixing the medication. The injury in this type of case would have to be a result of the failure to warn.

Injured due to a defective product? Here at Shoop | A Professional Law Corporation, our product liability lawyers are well-versed in all types of claims and we are ready to help. Request a free case evaluation for your unique product liability case or contact us if you have any questions regarding a claim.