What is a Defective Product?
A product, simply put, is merchandise. For example, toys, cars, tires, seatbelts, and airbags are all products. What is and is not a product varies from case to case.
Common Defective Products Include:
- Defective Tires
- Defective Airbags
- Defective Construction Material
When it comes to product defects, there are three main types that can occur. These are:
1) Product Manufacture Defect
As the name suggests, a manufacturing defect is created during the making of the product. The design itself may be safe and free of flaws, but sometime in the process of manufacturing or producing the product, the product picked up a problem. In these cases, most of the products that are manufactured are fine, but the defective product comes out different, making it dangerous and defective. For example, if a seat belt is not attached properly to a car, it would be a manufacturing defect. If you have been injured in a car accident because of a defective product, contact an experienced car accident attorney today.
2) Product Design Defect
Design defects are defects that exit in the original plan for making the product. A product is defective by design if the designers or engineers who made the original plan for the product included some flaw that they should have known would lead to injuries. An example of a design defect would be a saw that does not have a safety guard. Serious injuries can result from a design defect.
3) Inadequate Warning Label
Even the most flawlessly designed or manufactered products are not perfect. Often times, they require special care or use and warning labels need to reflect this. Manufacturers are not only required to specify how to properly use a product on a warning label, but they must also inform users of any hazards that may arise while using the product. For example, if an over-the-counter cold medicine could make you too sleepy to drive safely and leads to a car accident or wrongful death, the packaging must tell you so. If it does not, the manufacturer is legally liable for any injuries that result. This type of negligence can lead to a catastrophic personal injury if the circumstances have the potential. If you feel that you were effected by a product with an inadequte warning label, contact an experienced product defect attorney.
Report a defective product to the Consumer Product Safety Commission with this form.
Have You Been Injured as a Result of Using a Defective Product?
A defective product claim exists when a manufacturer of a product puts that product on the market with defects. There are three ways, under the law, that you can show a product is defective. You can show that the product has:
- A manufacturer defect
- A design defect
- An inadequate warning label
Proving that a product is defective is usually more complicated than ordinary cases because the defect is not typically apparent or easy to see. Some complicated products can be defective and be very dangerous, but it may still be difficult to prove.
In order to prove a product is defective, courts may require that experts on the product give testimony regarding the danger and application of a suspected defect. These experts can show alternative designs and can demonstrate that the manufacturer could have prevented the injury or death by making modifications, installing safety guards, or having designed a completely different product.
How can I Recover from a Product Liability Claim?
Product liability cases are very specific. The actual liability of the manufacturer varies, depending on the facts of the case. If you have been injured, or are the survivor of a family member who has died as a result of a defective product, you may be entitled to receive compensation for medical care, lost wages, and pain and suffering.
The personal injury attorneys of Coye Law Firm have successfully represented many clients who have suffered physical, emotional, and financial loss because of the negligence of manufactures and distributors. We have made recoveries for clients even after other law firms have turned the case down.