Like a car that won’t start in the morning, when your brain is foggy, and you can’t think of anything to say, a product liability lawsuit can feel like an insurmountable task. But just like with a car, it’s not so bad if you know what you’re doing. This article will explore three types of product liability claims: design defects, manufacturing defects, and failure to warn.
What is a Defective Products Claim Lawsuit?
A defective products claim lawsuit is a legal action brought by an injured person against the manufacturer, distributor, or seller of a defective product. The lawsuit’s purpose is to recover damages for the injuries caused by the defective product.
Types of Defective Product Liability Claims
As you have seen, a defective product liability claim can arise in many ways. The three most common types of claims are design defects, manufacturing defects, and failure to warn.
Defective Manufacturing Claim
A manufacturing defect claim arises when a product is not manufactured according to the design specifications. Manufacturing defects are usually the result of poor quality control or human error.
Defective Design Claim
A design defect claim arises when a product is designed in a way that makes it unreasonably dangerous. Design defects are usually the result of careless or inadequate testing.
Failure to Warn Claim
A failure to warn claim arises when a product’s warnings or instructions are inadequate. Failure to warn claims is usually the result of poor communication or marketing.
How Do You Win A Product Liability Lawsuit?
The first step in winning a product liability lawsuit is proving the product is defective. The second step is to prove that the defect caused your injuries. The third step is to prove that the manufacturer, distributor, or seller knew or should have known about the defect.
The damages in a product liability lawsuit will depend on the severity of your injuries. If you have suffered a minor injury, you may be able to recover your medical expenses and lost wages. If you have suffered a serious injury, you may be able to recover your medical expenses, lost wages, and pain and suffering.
Good product liability insurance is the best way to protect yourself from product liability lawsuits. Product liability insurance protects you from financial responsibility if you are sued for damages because of a defective product.
Product liability insurance is not required by law, but it is strongly recommended for any business that manufactures, distributes, or sells products.
Product liability insurance is available from many different insurers. Be sure to shop around and compare rates before buying a policy.
What Is The Most Common Cause Of Product Liability Claims?
The most common cause of product liability claims is defective manufacturing. Manufacturing defects are usually the result of poor quality control or human error.
If a defective product has injured you, you may be able to file a lawsuit against the manufacturer, distributor, or seller of the product. Contact a personal injury lawyer to discuss your legal options.
What Is The Statute Of Limitations For Product Liability Claims?
The statute of limitations for product liability claims varies from state to state. In some states, the statute of limitations is as short as one year. In other states, the statute of limitations is as long as six years.
The statute of limitations is the time limit you have to file a lawsuit. You will be barred from recovery if you do not file your lawsuit within the statute of limitations. Be sure to consult an attorney to find out the statute of limitations in your state.
How to Hire the Right Attorney for Defective Product Cases? Use Lawsuit.com’s Directory
If a defective product has injured you, you may be able to file a lawsuit. Use Lawsuit.com’s directory to find a personal injury lawyer in your area specializing in defective product cases.
When contacting a lawyer through our directory, ask about their experience with defective product cases. You should also ask about their fees and whether they offer a free consultation. Be sure to ask about everything you need to know before hiring an attorney.
If a defective product has injured you, you may be able to recover your medical expenses, lost wages, and pain and suffering. Contact a personal injury lawyer today to discuss your legal options.
Major Types of Product Defect Cases in the U.S
In history, there were a lot of famous cases that made a huge impact not only in the U.S but globally as well. Here we will discuss the famous cases based on product liability.
- Takata Airbag Inflator Defects – This was a case where the company knew about the defective airbags but failed to warn the customers and take action. As a result, 11 people were killed, and around 184 were injured due to exploding airbags.
- Johnson & Johnson Talcum Powder – In this case, it was found that the company knew about the asbestos in their talcum powder but didn’t warn the customers. As a result, around 22,000 people were diagnosed with cancer.
- General Motors Ignition Switch Defects – In this case, it was found that GM knew about the ignition switch defects in their vehicles but failed to take action. As a result, around 124 people were killed, and 275 were injured.
- Boeing 737 Max Crashes – In this case, it was found that Boeing knew about the issues with their 737 Max aircraft but didn’t take action. As a result, 346 people were killed in two separate crashes.
- Vioxx – In this case, it was found that the company knew about the risks of their drug Vioxx but failed to warn the customers. As a result, around 27,785 people were diagnosed with heart problems.
As you can see, there have been many cases in the past where companies have failed to take action even though they knew about the risks. This has resulted in many people being injured or killed.
Frequently Asked Questions (FAQs)
What Are Some Examples Of Defective Products?
Some examples of defective products include:
- Takata airbags
- Johnson & Johnson talcum powder
- General Motors ignition switches
- Boeing 737 Max aircraft
- Vioxx
How Do You Prove A Product Is Defective?
To prove a product is defective, you will need to show that the product did not meet the safety standards required by law. You will also need to show that you were injured due to using the defective product.
Can I sue If a defective product injured me?
Yes, if a defective product injured you, you may be able to sue the company responsible for manufacturing the product.
What To Do If A Product Is Defective?
If a product is defective, you should stop using the product immediately and contact an attorney. An attorney can help you determine if you have a case and how to proceed with your claim.
What Is The Most Common Cause Of Product Liability Claims?
The most common cause of product liability claims is due to defective products.
How Much Does It Cost To Hire An Attorney?
The cost of hiring an attorney will vary depending on the lawyer and the case. You should ask about the fees before hiring an attorney. Many lawyers offer free consultations.
What Is An Implied Warranty?
An implied warranty is a warranty that is not written or stated but is assumed by the law. For example, when you buy a car, it is assumed that it will work and be free of defects.
Final Verdict
Product liability cases can be complex, but with the help of an attorney, you may be able to recover compensation for your injuries. Contact an attorney immediately if a faulty product has hurt you. Lawsuit.com has a nationwide directory of attorneys who can help you with your case. Simply enter your zip code to find an attorney in your area.
