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Have you been injured by a defective product? In this post, we’ll describe the three ways products can be defective and what you can do to receive compensation for your injuries.
There are three different categories of product defects for which you can hold another party legally responsible if you suffer an injury. Here are the three types of product liability lawsuits in detail.
Design Defects
If the product was improperly designed or not fully tested and caused injury to you, you can file a claim due to design defects.
For example, if a toy design was not tested well enough to catch a flaw that posed a choking hazard, you can file a design defect lawsuit if your child was injured while using the toy. Other examples include food products that contains toxic materials or pills created at the wrong medicinal strength.
Manufacturing Defects
This type of defect does not involve a flaw in design. Rather, the defect occurred as the product was manufactured.
An example of this problem is a car that is properly designed yet poses a hazard because the airbag can spontaneously inflate due to an error on the assembly line. In a case like this, you could sue the vehicle manufacturer for a manufacturing defect if it caused injury to you.
More examples include a swing set that was incorrectly assembled or a power tool that was not properly calibrated.
Marketing Defects
If a manufacturer fails to provide adequate warning labels or proper instructions on how to use the product, and the failure results in injury to you, you may be able to sue for a marketing defect.
Drug manufacturers are often responsible for not properly advertising warnings about a medication’s dangerous side effects. Another type of marketing defect lawsuit could involve a pesticide manufacturer who failed to thoroughly describe the risk to humans who are exposed to the chemical. Likewise, you may be able to file suit if the packaging for a kitchen appliance fails to include sufficient instructions for use, resulting in injury.
To win a product liability lawsuit, four different elements must be in place.
First, a manufacturer has a duty to provide a reasonably safe product for your use. You cannot sue if you never used the product.
Second, a manufacturer must have breached the duty of reasonable safety for a lawsuit to be filed. For example, a design flaw by itself is not enough reason for a lawsuit. If the flaw presents no risk, no lawsuit will be valid.
Third, the manufacturer’s breach of duty must have caused injury to you. If you used the product but managed to escape injury, you will not be able to file a defective product lawsuit.
Fourth, the injury you incurred due to the defective product must have been significant enough to result in damages. A product liability lawsuit is intended to compensate you for the cost of medical bills, lost income, and pain and suffering related to your injury.
If your case meets these four criteria, it’s time to call an experienced New York personal injury attorney who will fight for your rights. It’s important to file within state-regulated timelines. To learn more about how product liability laws apply to your situation, call for a free legal consultation today.
