Understanding Product Liability Claims for Compensation
Understanding product liability claims is crucial when a product fails to meet safety standards and causes harm to consumers. If you've experienced product damage due to a faulty product, it's not just about seeking compensation; it's about knowing your rights. This blog post will delve into five common types of product liability claims, equipping you with the knowledge to protect your rights and seek the compensation you deserve.
Design Defect Claims
Design defect claims are based on the premise that the design of the product itself is inherently flawed and poses a risk of harm to consumers. To substantiate a design defect claim, you must demonstrate that the product's design posed an unreasonable danger and that a feasible alternative design existed that was safer. Examples of design defects include faulty car brakes, flammable children's toys, and malfunctioning medical devices.
Manufacturing Defect Claims
Manufacturing defect claims differ from design defect claims in that the product is manufactured incorrectly rather than having a flawed design. Manufacturing defect claims focus on errors that occur during the production process, leading to a product that is dangerous or defective. Examples of manufacturing defects include contaminated food products, poorly assembled furniture, and medications that are improperly dosed.
Marketing Defect Claims
Marketing defect claims revolve around inadequate warnings or instructions provided with a product, leading to consumer harm. This type of claim alleges that the manufacturer failed to warn consumers about known risks associated with the product or provided misleading information about its intended use. Examples of marketing defects include missing warning labels on prescription drugs, lack of safety instructions on power tools, and insufficient warnings on household cleaning products.
Breach of Warranty Claims
Breach of warranty claims is based on a violation of an express or implied warranty associated with the product. An express warranty is a specific promise made by the manufacturer about the quality or performance of a product, while an implied warranty guarantees that a product is fit for its intended purpose. If a product fails to meet the terms of its warranty and causes harm to the consumer, a breach of warranty claim may be pursued. An example of a breach of warranty claim is purchasing a laptop with a warranty that says the battery will last for 12 hours but only lasts for 2 hours.
Strict Liability Claims
Strict liability claims hold the manufacturer or seller of a product responsible for any injuries or damages caused by its defects, regardless of fault. This type of claim does not require proof of negligence; it only requires that the product was defective and caused harm. Strict liability claims are often easier to prove than other types of product liability claims because they focus solely on the defective nature of the product. An example of a strict liability claim could be a situation where a consumer purchases a blender that unexpectedly explodes during normal use, causing injury. Despite using the blender according to the instructions and for its intended purpose, the defect in the product directly leads to the consumer's harm, making the manufacturer or seller liable under strict liability.
Product liability claims can be complex and challenging to navigate, but understanding the different types of claims available can help you seek compensation for product damage in court. Whether you are dealing with a design defect, manufacturing defect, marketing defect, breach of warranty, or strict liability claim, it's important to consult with a skilled attorney who specializes in product liability cases. By knowing your rights and the options available to you, you can pursue the compensation you deserve for the harm caused by a faulty product.
If you need help proving product liability in court, reach out to Higinbotham & Higinbotham, PLLC, and see how they can help you fight for your rights!
