Accidents happen all the time and, in some cases, they are caused by defective products that don’t meet the required quality control standards. Legally speaking, product liability can be described as the accountability that a seller, distributor, or manufacturer has if a consumer is harmed in any way by a defective product from them.
A lawyer at Anderson and Anderson acknowledges that going after a big corporation may be daunting, but with enough evidence, the law is on your side. Let’s look at four basic requirements of product liability that you can use when trying to determine if you have a valid claim.
What Are the Main Examples of Product Liability?
1. Manufacturing Error
This problem starts at the manufacturing line during production. A product can be defective either due to machine or human error at the factory where it was made. The manufacturing error can affect a few random products or the whole assembly line.
If these products reach the consumer and cause them bodily harm, then, the manufacturer is responsible and can be sued for product liability. You have to prove to the court that it’s the product’s manufacturing defect that caused your injuries with sufficient evidence.
2. Design Flaws
Here, it’s how the product was designed that could potentially cause injuries to the user. Contrary to the manufacturing error where defective products can be anomalies, when there is a design flaw in the products, the whole assembly line is defective. The manufacturer can make the product perfectly with the exact specifications, but if the design is defective or dangerous, then the whole assembly line should be recalled.
An example of design flaws in a product includes an electronic device that spontaneously combusts when the settings are set too high, causing the user severe burns. It’s fairly easy to prove design flaws because multiple people with similar products will have the same experience, making it easy to investigate.
3. Failure to Provide Instructions or Warnings
It is the manufacturers responsibility to provide instructions on how to use their product and mention any cautions and warnings in a manual. Because the user is not aware of any impending dangers while using the product, they might not be as careful as they would be if they received a warning beforehand.
An example here would be a drug manufacturing company not warning their clients that a particular drug should not be combined with another drug. As explained previously, you have to be able to link your injuries directly to the failure of the company to provide adequate warnings on the use of their product.
4. Breach of Warranty
Here, the manufacturer is expected to have a clear timeframe their product is expected to work properly (express warranty). According to the law, an implied warranty of merchantability allows consumers to return a product if it fails to do what it was intended to. This type of warranty is implied meaning that if the product exists, it should serve its intended purpose without fail.
If the product happens to fail before this specific time frame has elapsed, then, the manufacturer and/or seller will assume liability for any injuries caused by the product. This ensures that sellers perform quality checks on their products before putting them on sale to consumers.
Why You Need a Lawyer for Product Liability Claims
Product liability claims can get technical and complicated for normal people to understand. You need a professional who has dealt with similar cases before and is qualified to take on giant corporations. A good lawyer may be your strongest weapon to getting fair compensation when you file a defective product claim.
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