3 Types of Product Liability Claims | Phillips Law Group
March 5, 2018
Each year, consumers are injured by defective products such as vehicle parts, electronic devices or prescription medications.
In these situations, victims may be able to pursue a product liability lawsuit to obtain compensation for their medical bills, lost wages, and pain and suffering. Depending on the circumstances of their case, they may be able to file one of three types of product liability cases outlined below.
If you or someone you love has been injured by a defective product, schedule a free, no obligation consultation with our Phoenix product liability attorneys. We will review your claim to determine which type of product liability claim can be filed in your situation.
Defective design cases concern products that are inherently dangerous due to their design. Typically, this type of defect involves an entire line of product, as the defect existed before the product was manufactured or sold.
Some examples of defective product design include:
- Top-heavy vehicles with a high rollover risk
- Electric blankets that electrocute users when set to a high setting
- Sunglasses that fail to shield the user’s eyes from ultraviolet rays
- Vehicles with high explosion risk due to the location of the gas tank
During a defective design case, our personal injury attorneys in Phoenix will help you prove that your injuries were caused by the product’s defective design. For example, if you are filing a defective drug lawsuit against a pharmaceutical corporation, we will gather evidence to prove the drug is inherently dangerous and poses a risk to all users.
Defective manufacturing claims concern products that became unsafe due to errors in the manufacturing process.
In a defective manufacturing claim, the product’s original design is safe, but errors made when the product was produced caused the product to become dangerous to users. Examples of defective manufacturing cases include:
- Contaminating food or medication with harmful items
- Failing to install required safety measures and components in potentially harmful equipment or devices
To prove a defective manufacturing lawsuit, you must be able to establish a causal link between your injury and the manufacturing defect. For example, if you file a defective products lawsuit against a vehicle parts manufacturer because of a defective tire, you need to show your auto accident was caused by the defective tire.
Failure to Warn
Manufacturers have a responsibility to disclose to consumers any possible danger associated with a product and provide safety instructions that detail how to use the product in a safe manner.
If a manufacturer fails to uphold this obligation, it can be held liable for failure to warn. These types of cases allege the product poses a danger to the user in a way that is not obvious and requires a clear warning for how to safely or properly use the product.
In failure to warn cases, you must be able to show the product poses a danger that is not obvious or that its instructions do not clearly warn the user about the product’s danger.
Additionally, you must be able to show that your injury would not have occurred if you had been properly instructed on how to use the product or warned that it may be dangerous.
Get Help with Your Product Liability Claim Today
When manufacturers fail to create safe products or neglect to adequately warn about a product’s potential safety hazards, it may result in consumers suffering life-threatening injuries.
The product liability attorneys of Phillips Law Group work to hold negligent manufacturers liable for the injuries caused by their defective products. We work for victims by pursuing the maximum compensation they are entitled to receive for their injuries.
Do not hesitate to schedule a free, no obligation consultation with a member of our legal team who will review your case to determine which legal options may be available for your claim. We work on a contingency fee basis and do not charge our clients upfront fees. The only time we require payment is if we recover compensation for your case.
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