Understanding The Types of Product Liability Claims

Michael S. Callahan | | Product Liability
types of product liability claims

Defective products can cause serious injuries due to flaws in their design, manufacturing, or lack of proper warnings about inherent risks. Every year, unsuspecting consumers endure traumatic injuries and worse because of dangerous products.

If a defective product harmed you or a loved one, the product designer, manufacturer, distributor, importer, or seller can be held responsible. Enlisting the help of an experienced product liability lawyer can help you understand the cause of your injury, identify all parties who may be liable, and help you pursue full compensation and justice under the law.

Ensuring product safety is essential for both consumers and businesses. Despite rigorous testing and quality control, defective products can still reach consumers, posing serious risks. Consumers and companies need to understand the different types of product liability claims that may exist when a defective product causes harm.

By understanding these legal concepts, consumers can better protect their rights and manufacturers can take steps to minimize potential liabilities and promote a culture of safety and accountability within their organizations. At The Callahan Law Firm, we represent individuals and families in product liability claims and are here to help.

Understanding Products Liability Legal Claims

Product liability legal claims are rooted in the principle that manufacturers, distributors, and retailers have a duty to design, manufacture and market products so that the product is not defective or in a condition that is unreasonably dangerous. These claims can arise under two primary legal theories: strict liability and negligence.

  • Strict liability claims in product liability cases hold those who design, manufacturer and market a product responsible for defects in their products. Under this theory of liability, the consumer does not need to prove negligence; rather, it must be proved that the product was in a defective condition, unreasonably dangerous which in turn caused injury or harm.
  • Negligence claims require proving that those who design, manufacture, market or distribute a product failed to exercise reasonable care thereby breaching their duty of care to consumers.

Exploring Three Types of Defects

Product liability claims can be based on one or more types of defects:

1. Manufacturing Defects

Manufacturing defects occur when a product deviates from its intended design or specifications due to flaws in the manufacturing process. For example, a manufacturing defect in a car’s braking system could lead to malfunctioning brakes, putting the driver and passengers at risk of a serious accident. Similarly, a batch of medications contaminated during the production process could pose severe health risks to consumers who ingest them.

To establish a manufacturing defect claim, the consumer must demonstrate that the defect existed when the product left the manufacturer’s control and that the defect caused the injury or harm suffered. Causation is a crucial element in proving manufacturing defects and plays a pivotal role in the success of such claims.

2. Design Defects

Design defects refer to defects in the product’s design that render it unreasonably dangerous for its intended use, even when manufactured correctly according to specifications. Rollover-prone SUVs with a high center of gravity and poor stability or consumer products with inherently unsafe features that pose a risk of harm, such as unstable furniture or toys with small, detachable parts that present a choking hazard, are examples of products that have design defects.

Establishing a design defect requires demonstrating that a safer, alternative design was feasible and that the product’s risks outweighed its benefits. This evaluation typically considers factors such as the product’s intended use and the availability of safer alternatives that could have mitigated or eliminated the risk.

3. Marketing Defects (Failures to Warn)

Marketing defects occur when manufacturers or sellers fail to provide adequate instructions, warnings, or labels regarding the proper use of a product or its inherent risks. These defects can arise even if the product itself is not inherently defective in its design or manufacture.

For instance, a consumer may have a valid claim if they suffer harm due to a manufacturer’s failure to disclose known risks associated with a product’s use or provide clear instructions on how to use the product safely. This can include failing to warn about potential side effects of medications, neglecting to include clear assembly or operation instructions for products, or omitting crucial safety information regarding the proper handling or storage of hazardous materials.

In such cases, the consumer must demonstrate that the lack of proper warnings or instructions rendered the product unreasonably dangerous when used as intended or in a reasonably foreseeable manner. Even if the product itself is not inherently defective, the failure to provide adequate warnings or instructions can constitute a marketing defect, making the manufacturer or seller liable for any resulting harm.

Marketing defect claims often hinge on the reasonableness of the consumer’s use of the product and whether the manufacturer or seller should have foreseen the potential for harm in the absence of proper warnings or instructions.

Legal Recourse: Breach of Warranty

Legal Recourse: Breach of Warranty

In addition to product liability claims based on defects, consumers may also have recourse through breach of warranty claims. These claims arise when a product fails to meet the express or implied warranties provided by the manufacturer or seller, representing a breach of the contractual obligations associated with the sale of the product. These warranties include:

  • Express warranties are explicit statements or representations made by the manufacturer or seller regarding the product’s quality, performance, or characteristics.
  • Implied warranties can be legal obligations created and enforced by federal law, even if not explicitly stated by the manufacturer or seller.
  • Warranty of merchantability ensures that the product is fit for its ordinary purpose and meets basic quality and performance standards.

Ensuring Safety Through Product Liability Awareness

Understanding the different types of product liability claims is important for consumers who are harmed by a product. This knowledge empowers people to recognize potential defects, exercise their legal rights, and seek recourse under the law when harmed by defective products.

Do not hesitate to seek legal assistance if you or a loved one has suffered harm because of a defective product. At The Callahan Law Firm, our experienced legal team is dedicated to representing individuals and families harmed by defective products. Contact us today to schedule your no-cost consultation, and let’s discuss how we can help you.

FAQ:

What are the most common types of product liability claims?

The most common types of product liability claims involve design defects, manufacturing defects, as well as marketing or failure to warn defects. Manufacturing defects occur when a product deviates from its intended design due to errors in the production process. Design defects refer to inherent flaws in the design that make a product unreasonably dangerous. Marketing defects usually involve inadequate warnings or instructions about a product’s risks.

What are the elements that must be proven in a product liability claim?

To succeed in a product liability claim, the consumer must typically prove that:

  • The product had a defect in manufacturing, design, or marketing
  • The defect existed when it left the manufacturer’s control.
  • The defect rendered the product unreasonably dangerous.
  • The defect directly caused the consumer’s injuries.
  • The consumer sustained damages as a result.

Specific elements may vary based on the legal theory pursued.