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Types of Defective Product Liability Claims


Product liability claims usually fall into three categories: defective manufacture, defective design, or failure to provide adequate warnings or instructions concerning the proper use of the product.

The most common type of liability claim is when a product is defectively manufactured and later injures someone. In such a case, the product was flawed in its fabrication such as a swing set with a cracked chain or a moped missing brake pads.

Such a claim would require the injury to have been caused by the manufacturing defect. Any fault on the part of the injured would mean you would have no claim.

Products with Defective Designs

For a defectively designed product, the design is inherently dangerous or defective. Such claims arise from an assertion that an entire line of products is inherently dangerous to consumers, even if the product was made according to the manufacture’s specifications. This would be the case if, for example, a certain model of car has a tendency to flip over while turning a corner or a brand of sunglasses which fail to protect the eyes from ultraviolet light.

Here as well injuries need to have been caused by a defective design.

When a product fails to warn consumers of its potential danger, a liability claim can be filed. These claims involve a product which is somehow dangerous in a way which is not obvious to the consumer or requires the consumer to use special precautions when using it.

Comparative Types of Liability Claims

All three types of claims can be compared using pharmaceutical drugs as an example. An injury from the arsenic which fell into the bottle of cough syrup by accident you bought can result in a claim based on a manufacturing defect.

On the other hand, if you suffered harm in the form of a heart attack due to the normal ingredients it contained your claim would instead be based on a design defect.

Lastly, if the correctly-made cough syrup is generally safe to consume but you suffered harm by combining it with aspirin and there was no warning label to inform you that such a course of action could lead to harm, your claim would be based on a failure to warn.

Speak with Flanagan & Associates if you were hurt by a defective product and our Quincy personal injury attorney can file a claim on your behalf.