Understanding The Three Types Of Product Liability For Your Injury Case


Product-related injuries are a serious concern for consumers and businesses alike. Businesses can face injury lawsuits due to liability for product-related personal injuries, but only if you understand exactly what your rights are and how to pursue a case. If you've been injured by the use or malfunction of a product, a personal injury lawyer may be able to help you. Here are the three primary types of defects that can lead to a product liability case.


A marketing defect is typically one in which the product poses a specific hazard that isn't declared in the packaging, marketing materials or other information. As you see in commercials for medications that feature the side effects or the products on store shelves with warning labels, if the product poses any kind of safety risk, it must be disclosed. Similarly, marketing materials for a product cannot feature the item being used in a way that would cause injury for a consumer. If you're injured due to an oversight like this, you may be able to file a personal injury suit based on a defect in the product marketing.


If the manufacturer of a product changes something in the materials used, manufacturing methods or other components, that can lead to a defect in the product's manufacturing. Sometimes, manufacturers will change something in the interest of improving their profits. This often leads to sourcing components from a less expensive source or using a more affordable material. When decisions like this lead to an injury, you might be able to file a claim. You'll just have to prove that the component that caused the problem was the result of a change by the manufacturer, not something in the original product design.


The fundamental design of the product comes from the original developer or creator. If the problem that caused your injury was part of the initial creation, that's usually considered a defect in design. As an example, a toaster oven designed with a metal handle that conducts heat could be considered to have a defect in design if the heat leads to burns when you try to open the toaster oven. Your personal injury attorney will help you to prove that the liability was a result of the design, and will also have to prove that the designer should have reasonably known that the problem would occur. As an example, it is common knowledge that most metal conducts heat, so this should be a reasonable assumption.

With the information presented here, you'll be able to better understand the types of liability cases associated with product-related injuries. Talk with a personal injury attorney like one from The Walker Firm today to evaluate your case.


2 March 2016

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