Types of Defective Product Claims

Types of Defective Product Claims

Some of the things we rely upon the most have sent people to the emergency room with catastrophic and even deadly injuries. From defective airbags in vehicles to flimsy furniture in children’s bedrooms, haphazardly designed and manufactured products continue to flood the shelves of big-box retailers we trust.

Types of Defective Product Claims

When a defective product makes its way into a consumer’s home and causes damage, he or she has three types of product liability claims that may apply to his or her case:

1.Design Defects Product Liability Claims
2.Manufacturing Defects Product Liability Claims
3.Warning/Labeling Defects Product Liability Claims

Design Defects

Design defects occur at the very beginning stages of a product’s development. A lawsuit alleging that a product’s overall design is dangerous implies that every single product with that design is flawed. The design alone, rather than an error made
during manufacturing, poses a threat to consumers.

Manufacturing Defects

A plaintiff may bring forth a product liability claim under a manufacturing defect if the product’s defect was a result of how the product was put together. An example of a case like this is a person picking up one blender out of hundreds with some kind of issue that creates a hazard. A lawsuit based on a manufacturing defect alleges that, while the design of the product is safe, an error occurred during the manufacturing process of this one particular product that made it unsafe to use.

A manufacturing defect exists when the product fails to perform as intended. Manufacturing defects account for the majority of product liability claims.

Warning Label Defects

Failing to warn consumers about a possible issue with a product can also form the basis of a defective product claim. If a person gets hurt and the product did not come with strong enough warnings or thorough instructions about how to use the product correctly, the consumer may have a claim for insufficient warning or labeling defects.

Effective warnings typically include:

• Using signal words such as “Danger,” “Warning,” or “Caution”
• Telling consumers about the nature of the hazard: “Shock Hazard”
• Instructions for how to avoid the danger: “Turn off power”
• Drawings and warning symbols

Instructions packets and labels that lack these elements may provide support for a defective product claim.

File a Defective Products Claim

Attorneys with The Barnes Firm have decades of combined experience pursuing justice for victims of defective products in New York, California and nationwide. Our attorneys have helped their clients recover billions in settlements, and will work diligently on your case. Call us today for a free consultation.

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Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

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