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What are the 3 Types of Product Liability Claims?


Product liability is a branch of law that safeguards consumers from dangerous or defective products. If you have undergone harm by a defective product, a Chicago product liability lawyer will provide you with legal guidance on any claim against the responsible party. Who is at fault when a client reports harm by a product? There are three product liability claims for which a consumer can file a lawsuit. Still, your product liability lawyer will let you know the most appropriate claim for your case.

The three types of product liability claims are to manufacture, design, market, or distribute defective goods meant for consumption by unsuspecting consumers. Product liability claims are complex, and you need to find an attorney who can do thorough investigations to determine if your case is laudable and help you navigate the legal process.

What is a Product Liability Claim?

When you shop for any product, you expect it to serve your need, but sometimes the items you buy can be defective and cause you harm. The harm you suffer from a defective product can lead to a product liability claim to hold the person liable responsible. In most cases, a product liability claim targets the manufacturer, distributor, and retailer of a defective product.

It's their responsibility to ensure the products they sell are safe for consumers and are responsible for any harm to a consumer from the product. An injury can occur due to a defective design, manufacturing defect, or failure to provide sufficient information or warning on the risks or dangers of using a product. If you or a loved one are victims of design defects or haven't been warned enough about the risks associated with a product, seek legal guidance from a product liability lawyer.

Types of Product Liability Claims

A product liability claim can come about through laxity or warranty violation, but it may also depend on your jurisdiction. Due to jurisdiction variations, there's no government product liability law, explaining why legislators launched the uniformity law on product liability in the US; this brings equality to the rule against product liability under tort law.

Here are the three main types of product liability claims.

Manufacturing Defects

Manufacturing defects are easy to identify and occur during a product's making. When an error arises when assembling a product, it happens, making it different from others in the same line. For instance, if a car accident occurs due to brakes malfunctioning, there might have been an error in making the specific brakes.

Design Defects

Sometimes an entire production line can be defective, meaning an error in manufacturing deviated from the intended design. The people responsible for making a product blueprint may need to consider foreseeable risks. For instance, a medical device disintegrating in a patient's body leads to organ injury. Patients must retain experts to help them investigate and prove a design defect. They'll need to demonstrate how it was unsafe and what would have made it safer at an affordable cost.

Failures to Warn (Marketing defect)

A manufacturer who fails to inform or warn consumers of the inherent risks of a product can attract a product liability claim. However, a manufacturer isn't liable for not warning consumers about apparent dangers, as a sharp knife can hurt you, or you can fall from a ladder and get hurt. The same applies to pharmaceutical products because a manufacturer can't list all the side effects of a drug on the bottle. Also, a household product containing chemicals can be unsafe in some instances where a consumer may get injuries for misusing the product, not foreseeing the related risks.

Benefits of Filing a Product Liability Claim

Product liability claims bring to book the parties responsible for hurting consumers differently. Manufacturers are also made conscious of producing reliable and safe products for customers.

Make Manufacturers Accountable

Being summoned to court because a product you produce is hazardous to consumers is a tough call to answer. A product liability claim can hold manufacturers accountable for their actions. If found guilty in a product liability case, the verdict will send a clear message to other manufacturers to make them care about any product they design and produce. As a result of bringing irresponsible manufacturers to book, consumers are safer, and the rate of injuries after using a product is reduced.

Hold Retailers to Accountability

Some situations will hold retailers accountable for consumer injuries from defective goods. Retailers can be held accountable when they are aware of a defect or should have known, yet they took no action and proceeded to sell. The action ensures products in the market are safe for consumption.

Create Awareness of Defective Products

A product liability claim raises awareness of defective goods in the market. When publicized, more consumers can open up with similar bad experiences about a product. This way, faulty products will not sell; most likely, they'll be off the shelf, and manufacturers will right the wrong.

Prevent Future Injuries

A product liability claim prevents future injuries by holding manufacturers and retailers accountable for actions that caused consumers pain and hurt. When the manufacturing chain stakeholders understand their actions' potential consequences, they'll exercise more care and caution to ensure safe products.

Who is Eligible to File a Product Liability Claim?

If you or a loved one suffer injuries due to a defective product, you need to consult an experienced attorney in this forte for legal guidance. For anyone to be eligible to file a product liability claim, they must prove the following factors.

  • An injury resulting from using the product
  • Your injury must be a result of using a defective product
  • The damages caused by a defective product must make it unsafe for use
  • You must have used the product right but still got hurt
  • The product must have been defective at the time of purchase

Sometimes a product can be defective but not cause harm, while other times, injuries occur due to human error, like not using a product for the intended purpose. However, suppose you get injuries from using a defective product. In that case, you need to consult with a product liability lawyer to help eliminate such unsafe products and save others from suffering the same predicament.

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