How to Prove a Defective Product Liability Claim

How to Prove a Defective Product Liability Claim
August 08 10:05 2018 Print This Article

Everything you buy, from baby powder to automobiles, needs to be safely constructed so it does not cause any harm when used. However, mistakes can happen when manufacturing a product, causing potential injuries to the user.

Any defective product lawyer will tell you that there are three main types of liability claims for defective products: those manufactured poorly, designed poorly, and those lacking in safety instructions.

Faulty Manufacturing

If a product causes you injury, and you suspect faulty manufacturing, a defective product lawyer can help you prove liability under certain circumstances. Sometimes a product may be designed properly, but some mistake in the manufacturing process will cause it to become unsafe. Examples include:

  • A tainted batch of medicine
  • A car with faulty airbags
  • A new bicycle with a broken break chain

To prove liability of a faulty manufactured product, there must be reasonable proof that the cause of injury came from the product default, and not from the misuse of the product. For example, if your bicycle was poorly manufactured and you crashed, breaking your arm, you would only have a claim if the crash was a direct result of the poor manufacturing.

Dangerous Product Design

Sometimes a product may be manufactured correctly, but the design was missing a crucial safety aspect. A product’s faulty design may also lead to a malfunction of the product and potential harm for the user. When companies find out their product design has potential safety issues, this is often when a recall will be submitted to the public.

To prove liability of a faulty product design, one must be able to prove that the design of the product was the sole cause of injury or harm to the user, rather than any misuse by the injured person.

Lack of Adequate Safety Warnings

When a product is designed and manufactured correctly, but may still cause harm, detailed safety instructions need to be present with the packaging. This is why hair dryers often have tags that detail the safety hazard of using the product near water. This kind of product requires the user to exercise caution, and if a hair dryer were to come without any safety warning whatsoever, someone could have grounds for a failure-to-warn claim if they became injured.

This is why medicines that could cause harm when mixed with other foods or medications often come with warnings on the labels. If a danger is present, but not detailed on the packaging, this would give a defective product lawyer enough cause to make a claim for product liability.

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