How Do Defective Product Liability Claims Work?
As the recent spate of cell phone and e-cigarette explosions in the news have demonstrated, the products upon which we rely every day can sometimes be very dangerous, and get more so as the technology inside them grows more complex. But what happens when you get injured or suffer damages as the result of a faulty product?
There are several types of defective product claims, and knowing which you face is the first step. Learn about product liability law, how claims under these statutes work, what damages you can collect, and how a personal injury lawyer can help.2>Types of Product Liability
When you’re hurt or suffer property damage due to a malfunctioning product you use, you may be eligible to collect damages under a product liability claim. There are three types of claims that fall under these statutes. The first is the defective manufacture claim, the second is a claim of defective design, and the third is the failure to provide the necessary instruction or warning of danger.
Filing a case requires knowing what strategy to adopt based on the type of case you’re filing, and the requirement to prove two factors:
- The product itself was defective in some way;
- The defect in the product is what caused the damage or injury.
The clearest type of liability comes when the product’s manufacture has a clear defect. This usually results from a problem at the factory, or where the product was assembled. It also usually only occurs in one or two products in a line. For example, a line of skateboards rolls out a production group, and one of the boards is cracked. This crack causes a skater’s board to come apart, and an accident results.
Defective design is similar to defective manufacturing, but generally, affects an entire line of products. If the batteries in a line of electronics, for example, are proven to be prone to overheating and exploding, and many people get injured, the design itself may be defective.
Warning and Instruction Failure
The third form of liability related to products occurs when the manufacturer did not provide proper instructions to use the product correctly, or knew of dangers inherent to the product and failed to provide warnings of those dangers. A cast iron or copper cooking pot with a handle that conducts heat, for example, should carry a warning to take care when grasping the handle. Failing to provide such a warning could fall under this statute.
In order to collect damages to cover your medical bills, loss of property, lost wages and other expenses resulting from injury or damages, you need to understand what type of liability you’re working with, and adopt a strategy accordingly. You need to prove what the defect was and that it was the defect that caused your injury. This requires an in-depth knowledge of how the laws work and the subtle differences between the three types of claims.
Personal Injury Lawyer
If you’ve suffered an injury due to product liability, hiring a qualified personal injury lawyer is your best bet to get the compensation you deserve. Not only does an attorney know how to prove liability, they know how to protect your rights and battle the non-payment tactics used by insurance companies and corporate attorneys. If you’re in this situation in Illinois or Florida, Disparti Law Group may be able to help. Check out our proven results and give us a call for more information today!