Understanding the Four Types of Product Liability Claims
Occasionally, companies recall products, such as cars with mechanical defects or toys that pose choking hazards to young children. There’s a reason these products are recalled: their defects can cause serious harm to consumers. Anyone who has been injured by a defective product should understand the different types of product liability before filing a lawsuit.
Most product liability cases involve manufacturing defects, in which a problem with the manufacturing process, not the design itself, makes a product unsafe. Typically, consumer products are safe, but an isolated issue during the manufacture of an individual product can make it unsafe. An example is a bicycle that was mishandled while being packaged, causing a crack in the frame, which could cause the bicycle to break under the weight of a rider.
This involves an entire product line with a design flaw, such as a top-heavy vehicle. If the vehicle were in an accident proven to be caused by its top-heavy design, this could be could be grounds for a product liability case. However, injuries from a rear-end collision in the same vehicle would be incidental and unrelated to its design.
Lack of Adequate Warning
People sometimes sustain injuries from products that don’t come with safety instructions or warning labels. If a product poses a danger, the manufacturer must adequately warn consumers with its packaging.
Breach of Express Warranty
An express warranty is a guarantee that a product will possess a certain level of quality and reliability. If a product fails to live up to those expectations, the buyer may be eligible for a full product replacement or damages, depending on the case.
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If you’ve purchased or been injured by a defective product, you may be entitled to compensation. Mansfield Melancon Cranmer & Dick has experience with personal injury and product liability cases, and we would like to hear about your defective product experience. Contact us if you think you may have a case against a manufacturer at (504) 500-1108 or request a free consultation.