Manufacturers have a legal obligation to ensure that their products are safe for consumers who use them, and yet, thousands of people are injured by defective products each year, according to the U.S. Consumer Product Safety Commission. Many of those injured by defective products will go on to pursue damages from the product's manufacturers. If you suffered injuries due to a defective product, you may be eligible for compensation.
The details of product liability lawsuits can vary dramatically by case. Still, regardless of whether the lawsuit is related to auto parts, medical devices, prescription or over-the-counter medications, lawn equipment, home improvement tools, children's toys, or other products, the case can typically be divided into one of three categories.
In cases that involve defective manufacturing, the product in question features a significant manufacturing flaw, making it both dangerous and different from its identical counterparts. Defective manufacturing lawsuits are the most common type of product liability claim. Examples of manufacturing defects include:
- Incorrect assembly (at the factory)
- Use of incorrect or poorly made components
- Products tainted with impurities or dangerous substances
In defective design cases, the flaw is with the design of the product itself, rather than the way it was manufactured. These claims assert that the entire product line is inherently hazardous to consumers, even when used as instructed. Common examples of design defects include:
- Incorrectly wired products that start fires or cause electrocutions
- Structurally unstable products
- Dangerous products that fail to include basic or reasonable safety features
Failure to Warn or Instruct
Failure to warn cases involve products that may be potentially dangerous if used incorrectly, usually in a way that's not immediately obvious to the consumer. In these cases, the manufacturer is required to include warnings or instructions that advise the consumer on how to use the product safely. Examples include:
- A product whose label neglects to warn of potentially dangerous side effects or interactions
- Potentially hazardous products that don't include instructions for safe handling and use
- Instructions or warnings so vague that the average consumer still doesn't understand the danger or how to avoid it
Do You Have a Product Liability Case?
Were you injured by a product that was defective, poorly designed, or came without sufficient instructions or warnings? If so, the experienced product liability attorneys with Holton Law Firm can help. Contact Holton Law Firm's Memphis law office today to schedule a free initial review of your product liability case.