One of the types of injury claims you can sue for is product liability. If you have been injured or suffered some other types of damages because a product you have used turned out to be defective, you may be entitled to start a product liability claim. In general, there are three specific categories for product liability. It is helpful to know the details of each so that you can effectively prepare your lawsuit.
When you familiarize yourself with the three categories of product liability, it can help you to not only determine whether you have an actual claim, but it can also help you to prepare the right case. All of the states in the USA essentially have the same laws regarding product liability. To prove that you have a case, you have to show that the product was defective and that the defect directly led to your injury.
Design Defects: When a product contains a design defect, it can make that product potentially dangerous to use. This is when there is a problem with the overall design rather than a manufacturing error. For instance, if a car’s windshield is made of glass that is overly fragile, it can lead to a dangerous situation of the windshield shattering even if a small pebble strikes it. In turn, that can lead to the driver and any passengers sustaining injuries. In addition, anyone who happens to be injured due to being near the vehicle (at the time when the windshield shatters and glass flies everywhere) would also have a lawsuit. This is known as strict liability.
Manufacturing Defects: Another type of product liability claim is for manufacturing defects. This type of lawsuit is brought about when a person suffers an injury after using a product that has a manufacturing defect. An example of a manufacturing defect can be found in the Samsung Galaxy Note 7 smartphone, which was recalled only two months after its release on the market in 2016. The device had a battery flaw that caused the phone to overheat, catch on fire and even explode, resulting in damages and injuries.
Inadequate Warnings or Instructions: The third kind of product liability claims revolves around a failure to provide warnings or instructions on how to properly use a product. An example could be some type of medication that is not supposed to be mixed with any other medications and leads to adverse side-effects when taken with something else. If the manufacturer didn’t provide a warning label or the pharmacist didn’t coach the patient on the proper way to take the medication, the individual would have a valid product liability claim.
It’s important for anyone who believes they have a legitimate product liability claim to get in touch with a skilled attorney. The Mass Tort lawyers at Zanes Law can help you and your loved ones seek the compensation you deserve for your injuries. Call today for an initial consultation to discuss your situation.
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