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What are the grounds for proving a defective liability claim?
What are the grounds for proving a defective liability claim?
July 7, 2018 | | Product Liability Attorney

What happens when a product doesn’t operate as it should or has a defect? You could get injured or even worse, die from it. For example, a toddler gets an Elmo doll for Christmas. Upon pressing the talk button the Elmo catches on fire and burns the toddler. The parents have a right to file for lawsuit. “Product Liability Law” is the legal rules for who is deemed responsible for defective or dangerous products. It is not the same as ordinary injury law. It’s a shame that this thing happens more often that we would think. Companies are trying to get a good bang for their buck. Some purposely try to cut corners and in the end, the product user gets harmed in the process. There are several different claims you can make for being injured by a product.

Defective Design

One claim you can make in defective liability claim is that the design of the product was inherently dangerous or defective. This means that the product was manufactured correctly, meaning there was no mistakes made, but the claim is that this whole line of products is dangerous. This is regardless if the product was manufactured perfectly to its specifications. For example an electric blanket that electrocutes when turned on is considered a defective design. A toy that has sharp edges that could cut children’s fingers is considered defective design. If a car is prone to flipping over when making turns then it is considered a defective design.

Defectively Manufactured

This is the most common type of claim that is used in defective liability claim. In this claim, there has been a flaw in the making of the product, possibly by the factory that manufactured it. It’s fault in manufacture has caused injury to someone. It’s also from your specific product, other products in the line were made correctly. If cough syrup somehow got contaminated with a poisonous substance, then it would be considered defectively manufactured. If a specific bicycle is manufactured without brakes then it is defectively manufactured. If soap was contaminated in a factory and caused your skin to burn, it is considered defectively manufactured.

Inadequate Warnings/Instructions

This is another more common type of claim used in a defective liability claim. This is where the product is deemed dangerous in a non-obvious way. It is not clearly labelled and explained, you would need special instructions in order to avoid using it in that way. For example, if an over the counter medicine didn’t include a label warning about the side effects that may occur if you mix it with other medicines, then it is considered a failure to provide adequate warnings/instructions.

Every year children and adults are injured by defective or damaged products. When you buy a product you assume that it will work the way it should and it shouldn’t cause you injury. Now you or your child is injured from their mistake. It’s unfair. No one is prepared for something like this. You need someone with a lot of experience into getting you the compensation you deserve. Edward “Skip” Babbitt has over 30 years of experience. He is an expert in product liability lawsuits. Call his office today at 619-543-1789 to schedule your free initial consultation.

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