Three Types of Product Liability Cases
Manufacturers of cars, consumer products, construction equipment, and any other object that you use during your workday have what is known as product liability for the products that they manufacture and sell, meaning that they may be held liable for the damages a victim suffers if he or she is injured by the product. There are exceptions to this liability, such as cases where the victim blatantly disregarded the product's safety instructions or used the product in a way that it was not meant to be used. But if the victim was injured while using the product according to its operating instructions, he or she may be eligible to recover compensation through a product liability claim.
Product liability cases generally fall into the following three categories:Defective Design Claims
Sometimes, products have design flaws that make them unsafe for consumers to use. Examples of defective design include:
- Electronic products that can electrocute users;
- An inadequate braking system on a vehicle; and
- Protective gear that does not protect its user completely, such as heat-resistant gloves that do not adequately prevent burns or protective eyewear that shatters when struck.
The key to a defective design claim is proving that the malfunction occurred because of a faulty design, rather than the incorrect construction of a product. Injury claims that cite malfunctions that happen because a safely-designed product was manufactured incorrectly are known as defective manufacturing claims.Defective Manufacturing Claims
When a vehicle is produced missing a key part that is present in its design or a batch of a substance leaves the manufacturing plant tainted or improperly mixed, the product is considered to be defectively manufactured. The issue is not with the product's design, but with how it was produced. Sometimes, only one or a few products are affected by a manufacturing error and in other cases, entire lines of products need to be recalled because of human error at the production stage.Failure to Provide Adequate Warning or Instructions
If a product can be dangerous when used incorrectly, it needs to come with a warning stating as such. If an individual is injured because the product did not have such a warning, he or she may have grounds for a product liability claim. Examples of this type of claim include:
- Chemicals that do not include instructions for safe handling and use;
- Electronic products that do not warn of possible electrocution or burning risks;
- Ladders, shelves, and other weight-bearing objects that do not have a posted weight limit; and
- Power tools that do not have instructions for proper use.
Product liability claims can be complicated. Work with a skilled San Jose workplace accident attorney who can answer your questions about your case and file your claim on your behalf, negotiating with the negligent manufacturer to help you get the compensation you deserve. At Corsiglia, McMahon, & Allard, L.L.P., we proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.Source