When you buy a product at a mall or online, you expect it to be safe for you and your family. You also expect it to meet or be at the standard the manufacturer promised in their advert. Unfortunately, the number of clients we’ve represented in product liability cases shows that this is not always the case.
Several factors lead to a defective product claim. For example, it could be a design defect or failure to test a product before releasing it into the market properly. At other times, the manufacturer may know of the risk, then proceed to release the product, and fail to warn the public about it. Furthermore, a consumer who buys such defective products may suffer harm to their health or other adverse effects.
Under Georgia law, companies who sell defective products are accountable for the harm they cause. This article looks at the types of product liability claims you can file against an erring manufacturer. If you suffer harm from using a defective product, contact our Douglasville product liability lawyers immediately.
What Are the Common Types of Product Liability Claims?
Knowing the different types of defective product claims would help you know what you should sue for. In addition, it helps you hire the right attorney for your claim. Below, Douglasville defective product attorneys discuss the different types of product liability claims.
Defectively Manufactured Products
This is perhaps the most common defective product liability claim. Products that are badly manufactured cause injuries, and the flaw lies in some error at the point of production. Another reason is a problem at the factory where the goods were manufactured. Examples of manufacturing defects are:
- A tainted batch of cough syrup
- A moped missing its brake pads
- A swing with a set of cracked chain
Note that sometimes, the injury-causing product might be different from those on the same shelf with it. If this happens, it makes it harder to prove manufacturing defects. The manufacturer can claim something other than their product harmed you.
Thus, in proving the manufacturer’s defect, you must show the following:
- That the product, when used as intended, is harmful
- The product would have been fine if the manufacturer had assembled or manufactured it based on specifications
- That the product caused the harm you suffered
Defectively Designed Product
When the design of a product is inherently defective, the product is dangerous. However, unlike manufacturing defects, design defects are not from the production of the product. Here, an entire product line is inherently dangerous, even if the injury-causing product was perfectly manufactured according to the manufacturer’s specifications.
Common examples of a design defect are:
- Sunglasses that fail to protect the eyes from ultraviolet rays
- A particular car model being top curvy and flipping over when turning at a sharp curve
- A product’s main ingredient is carcinogenic
Again, the injury suffered must be linked to the defect. So suppose you are driving a top-heavy car and speeding. If you get into a rollover accident, speed would be the primary cause of the crash and not the design defect. Hence, you cannot sue the manufacturer for damages.
To prove the design defect, you must show that:
- The product is harmful when used for its intended purpose
- An alternative and safer design exists
- It would not cost the company too much money to use a safer design
- The product would have functioned similarly if the manufacturer had used a different design
- You suffered injuries because of the products defective design
Failure to Provide Adequate Warnings or Instructions
This type of product liability claim covers the manufacturer’s failure to provide adequate warnings or instructions about the product’s proper use. Claims like this usually involve a product that is dangerous in ways obvious to the user or requires the user to exercise precaution or care when using it.
An example of a failure to provide adequate warning is a drug that does not include the dangerous side effects on the label or during marketing. Proving a defect under this head involves showing:
- That the manufacturer knew or should have known that the product carried potential risks
- That the risks are substantially dangerous to consumers if the products are used as intended
- That the consumer would likely not discover the danger on their own
- That the company failed to provide adequate warning
- That you suffered the injury because you were not warned
Contact the Law Office of John B. Jackson Today!
At the Law Office of John B. Jackson, we have the experience and legal knowledge to help you win your product liability claim. Contact us today for a free case review with one of Douglasville personal injury lawyers.