Types of Product Liability Cases You Can File
Posted On behalf of Simien & Simien on Jul 21, 2017 in Defective Products
Every year, thousands of individuals are injured by defective products, from car parts and prescription medications to medical devices and implants.
When these injuries occur, victims may be able to file product liability claims to obtain compensation for the physical, financial and emotional damages they have suffered.
There are three types of product liability claims based on three different legal theories: defective manufacture, defective design or defective warnings.
Simien & Simien's Baton Rouge defective product attorneys review these three legal theories below. If you think you might be able to file one of these claims, contact our office to discuss your case with an experienced attorney.
Claims regarding manufacturing defects are the most common type of product liability claim. These claims are based on the principle that the original design of the product is safe, but something happened during the manufacturing process that caused the product to be unsafe or flawed.
For example, a machine may cause a misalignment, materials may get on the product that affect its usefulness or a problem could arise in the factory where the product is manufactured.
To recover on this type of claim, you must show that you suffered an injury that was caused by the manufacturing defect.
This type of product liability claim is pursued when the product was inherently dangerous because of its design, not because of some flaw that arose during the manufacturing process.
In these situations, the entire line of products is dangerous, not a few that suffered from an error in the manufacturing process. Some examples of defectively-designed products include:
- A car that is top heavy, causing it to have a higher risk of rolling over
- A vehicle with a gas tank placed in a location that increases the risk of an explosion
- Sunglasses that do not protect the consumer’s eyes from ultraviolet rays
- Electric blankets that electrocute consumers when turned on a high setting
- Takata airbags
You must show that the design defect caused your injury to prevail on this type of claim.
This type of claim alleges the following:
- The product was inherently dangerous
- The manufacturer was aware of this danger
- The manufacturer had a duty to disclose these dangers to consumers; and
- The manufacturer failed to provide an adequate warning or safety instructions
Adequate warnings often include:
- Signal words such as “danger” or “caution”
- Identification of the type of hazard to be aware of, such as electric shock
- Instructions on how to avoid the danger
- Information about specific consequences that can be suffered if the consumer does not follow the warning
To prevail in this type of claim, you must show that you would not have been injured if you had been properly warned or instructed about the danger.
Contact Simien & Simien Today to Discuss Your Legal Options
If you or a loved one has been injured by a defective product, contact a skilled Baton Rouge personal injury lawyer for assistance.
We offer a free, no-obligation consultation to discuss your case. Our contingency fee arrangement ensures that you will not owe attorney fees until we recover compensation for your case through a successful jury verdict or settlement.
Schedule your free legal consultation by completing a Free Case Evaluation form.