Defective Products and Product Liability Claims

People purchase products believing they have gone through the proper safety procedures before reaching the final consumer. Unfortunately, consumers may end up purchasing defective products that endanger their lives. These defective products can cause injuries and may even result in wrongful death.

“The victims of the defective products go through a lot, both financially and psychologically,” says Lin McCraw of McCraw Law Group. However, many often want to obtain compensation for injuries or other damages they or a loved one suffer due to these products. As a result, they could sue the responsible parties for product liability.

Product Liability Claims 

Products liability is the liability of any or all parties involved in producing and distributing a product for any damage that the product may cause. The parties include component-part manufacturers, assembling manufacturers, wholesalers, and retail store owners.

Following the product liability claim, product liability law requires all responsible parties to pay compensation for any harm caused by the defective product. Under product liability, the definition of a product does not only mean tangible personal property. The definition of products also includes items such as writings, pets, gas, and real estate.

Theories of Product Liability Claim

A product liability claim depends on the following:

#1. Negligence

Anyone involved in the design, manufacture, or distribution of a product owes it to the public to provide a safe product. If any of these people fail to use reasonable care and their action or inaction causes injury, the individual could be held liable.

Under the product liability law, negligence claims include design errors and careless mistakes in product manufacturing. It also involves failure to warn consumers about the dangers of a product.

#2. Strict Liability 

Strict liability claims hold the responsible party (manufacturer, supplier, or retailer) liable for injuries sustained by consumers due to a defective product regardless of fault or intent. These claims differ from negligence claims that require evidence that a party acted unreasonably.

If a product is found unreasonably dangerous to consumers and an injury occurs due to product use, the product defect is often enough to hold the responsible parties legally liable. In other words, the degree of care exercised by the responsible party is irrelevant in a strict liability theory. Thus, they will be held liable for any damage caused by the product defect as long as it is proven defective.

#3. Breach of Warranty

Manufacturers, suppliers, or retailers can promise consumers that a product is defect-free. When they break the promise resulting in harm to the consumer, it may give rise to product liability lawsuits. The warranties in question can be expressed verbally, in writing, or implied.

Categories of Product Liability Claims

The plaintiff in a product liability lawsuit must prove that the product had some defect to obtain compensation for harm caused by the product.

Most states recognize three forms of defect that can result in a product liability lawsuit. They include:

#1. Manufacturing Defect Claims

Manufacturing defect claims are the most common type of product liability claim. Manufacturing defect claims may arise when an injury occurs due to a problem caused by how the manufacturer makes a product.

In essence, the product which caused the injury had a flaw due to a manufacturing error. Thus, making the product that caused the harm different from others in the market. For instance, a vehicle with defective tires that causes an accident, resulting in injuries or other damages, may give rise to manufacturing defect claims.

#2. Design Defect Claims 

Design defect claims involve a product whose design is inherently dangerous or defective. In other words, a design defect claim does not arise from a manufacturing error or mistake.

Instead, it involves claims that an entire product category is dangerous, regardless of whether the injury-causing product was manufactured perfectly according to manufacturer specifications. An example is when airbags fail to provide enough protection and are not thick enough to absorb the collision impact.

#3. Failure to Warn Claims (Marketing Defects Claims)

Failure to warn claims may arise when a product that causes an injury comes with inadequate warnings or instructions on how to use it safely. When the need for a consumer to use a product with extra caution is not in the instructions, this type of claim may arise.

For instance, an energy drink that does not include a warning on its label stating it may cause harmful side effects when combined with other beverages. When a consumer unknowingly mixes this energy drink with other drinks, it can cause harm, giving rise to marketing defects or failure to warn claims.

Compensations From a Products Liability Claims

Each product liability lawsuit is unique, and damage recovery depends on factors like applicable state law and injury severity. In a successful product liability claim, the claimant (plaintiff) may recover economic damages like medical expenses and lost income.

In product liability cases, plaintiffs can also seek compensation involving non-economic damages. These damages include pain and suffering, physical disabilities, and disfigurement.

Aside from economic and non-economic damages, punitive damages may also be available to punish the wrongdoer financially. Punitive damage aims to discourage other companies from producing defective products. Punitive damages are rare and often require the plaintiff to prove that the misconduct from the defendant was reckless or intentional.

The Need To Hire a Lawyer In Product Liability Cases

It can be hard to prove fault in a product liability lawsuit. Furthermore, the defendant can have substantial resources and will try to defend their interests in court. Thus, a plaintiff should hire a product liability lawyer for the best chance of getting the compensation they deserve.

A product liability attorney can provide expert legal advice, allowing the client to make educated and informed decisions about how to pursue their claim. Also, the lawyer can represent the plaintiff throughout the proceedings.

If possible, a product liability attorney can work to reach a satisfactory settlement for the plaintiff, avoiding the need for a trial. Where the case goes to trial, an experienced attorney can work diligently to obtain a favorable verdict on the client’s behalf.

Bottom Line

Companies designing, manufacturing, and distributing products owe it to their consumers to ensure the products are safe and defect-free. Thus, you may be eligible for financial compensation if you or your loved one suffers any harm due to a defective consumer product. However, you will need the assistance of an attorney to accomplish this.

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