As a consumer, you probably expect the things you buy to work like they are supposed to work. Sometimes, that’s not what happens. In fact, any defective product attorney can tell you that in some cases the things we buy not only fail to function—they can cause real harm, too.
In situations where a product causes an injury or other damages, you might have a defective product liability claim. Although no two cases are exactly the same, claims typically fall into three categories:
- Defective manufacture
- Defective design
- Inadequate warnings or instructions on the proper use of the product
If you want to pursue a case, keep in mind that you must not only show that the product in question falls into one of the above categories but also that you will need to demonstrate that the defect caused your injury.
Here’s what you should know about these categories and how to start the claim process.
When most people think of defective products, they are probably thinking of a defectively manufactured product. As the name suggests, defective manufacture means that something when wrong when the product was being made. Here are a few examples:
- A bike with missing brake pads
- A toy that cracks dangerously when used
- A tainted batch of medicine that causes sickness
In each of these examples, you would need to demonstrate that a defect exists—say, the missing brake pads—and that the defect led to your injuries. If you were hit by a car, you wouldn’t have a case unless you were trying to stop and couldn’t.
Unlike a defectively manufactured product, a defectively designed product doesn’t happen because of a mistake in the creation of one or more products. It happens because of an inherent flaw in its conception or execution. Common examples of defective design include car models that are prone to one type of accident, ear protection that does not adequately protect hearing, and electronic devices that cause fires or electric shock when used as directed.
Again, you must be able to prove that not only does a defect exist but also that it caused your injury. Talk to a defective product attorney about your situation to see if you have a case.
Inadequate Warnings or Instructions
Most products people buy come with several pages of instructions and warnings. If you are hurt using a product that does not give adequate warning of the risk of injury, you could have a case. This type of claim usually happens with products that are somehow dangerous to use, like cooking implements, tools, heavy machinery, and medications. The following examples are exhaustive of the kinds of products that could require such a lawsuit:
- A grill that does not have a warning about proper storage of flammable materials or ventilation
- A pain medication that does not warn of possible interactions with other common medications
- Harmful chemicals that do not provide safe-handling instructions
If you were hurt or suffered damages because of a defective product, don’t wait to pursue your claim.
Talk to a Defective Product Attorney as Soon as Possible
Get in touch with us today to learn what your next steps should be. Schedule a phone consultation or video meeting with one of our attorneys.
Are you ready to pursue your case? Contact us today and set up an appointment to speak to an attorney. Call us at 1-800-24-7-CRASH or write to us at [email protected]