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What are the different types of product liability claims?

June 21st, 2016
Product liability document

The product liability law holds manufacturers, distributors and retailers responsible for any harm caused by their products. If a defective product causes injuries or other damages, the victim may file a product liability claim. Product liability claims fall into three categories: defective manufacturing, defective design and failure to provide adequate instruction or warning.

  • Defective manufacturing:

    This type of product liability claim arises when an injury is caused by a defectively manufactured product. Defective manufacturing can result from an error in making the product or in quality check procedures, causing the product to fall below the manufacturer’s intended design.

    Some examples of defective manufacturing include: contaminated medical products, agricultural products and food, machinery with missing or broken parts, etc. If you can show that a manufacturing defect caused your injury, the manufacturer may held liable.

  • Defective designing:

    Defective design liability occurs when an injury is caused by the flaws in a product design. Defective design product liability claims arise when the design of an entire line of products was inherently dangerous, regardless of the fact that the product that caused the injury was perfectly manufactured. Some examples of defective product design include faulty machinery and tools, electrical products that can electrocute the consumer, etc. The manufacturer may be held liable for an injury that was caused by a defective design.

  • Failure to provide adequate instruction or warning:

    Manufacturers have a duty to provide proper instructions and warning signs on potential dangers of a product. If the manufacturer fails to provide a warning or instruction about the product and someone is injured as a result, they may file for a product liability claim. However, injury victims must be able to establish the following:

    • The danger was not obvious.
    • The product was used as intended.
    • The manufacturer’s instruction or warning was not obvious or clear.
  • Injured by a defective product? Contact the Dervishi Law Group, PC

    If you or a loved one has suffered severe injuries due to a defective product, speak to product liability lawyers at the Dervishi Law Group, PC today. We can assist you in recovering your rightful compensation. Call us at 718-619-4525/917-300-0797. You can also email us at fdervishi@dervishilaw.com.

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