Common Types of Product Liability Claims: Defects, Failures, and Mislabeling
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The idea of buying is to know that you can use it safely. However, the products can sometimes be harmful to the consumers, and if this has negatively affected you, then you have a product liability case. It means you can act against the product’s maker or seller. Click here to know about how you can do that. Mainly, there are three types of product liability claims. These are manufacturing defects, design defects, and the failure to warn or instruct. We will go through each of these defects in detail in this article.
1. Manufacturing Defects
A manufacturing defect is very common nowadays. It mainly occurs when there is a problem in the product’s production process. It shows that even if the product were meant to be safe, at some point, an error that occurred during the production process would make it dangerous.
For instance, consider a toy that has a lid that should be tight and secure, but at some point, the tightness of the lid was not well secured during its production at the factory. It is a manufacturing defect if the lid falls off and injures the child. Another example is taking a car with faulty brakes because of a mistake during assembly. Suppose the brakes fail and lead to an accident.
It is still considered a manufacturing defect that the manufacturing team did not identify and rectify. A harmful chemical gets into a cough syrup by mistake. Imagine someone getting sick from this. It’s the fault of the company and you can file a claim.
2. Design Defects
It should be noted that a design defect is very different from a manufacturing defect. The problem is not the mechanism by which the product was created. The vital issue lies in what was created in the first place.
One thing to note is that even if the product is made according to the intended design, then the product is still lethal. For instance, a car can be designed in such a way that it flips over each time it turns a corner; this is a design defect. The issue is not that it was manufactured but how it was engineered.
Another example could be sunglasses that do not offer UV protection to the eyes. However, the design of the product is dangerous for the consumer.
3. Mislabeling, Failure to Warn or Instruct
Sometimes, a product can be quite lethal when it doesn’t have the right precautions or usage instructions. Companies have to inform you of the risks involved and how you can handle the product. If they don’t, you might be having a failure to warn or instruct a claim.
Suppose you purchase a bowl from the market. You should have a proper idea of whether you can push this bowl in the microwave. If you place an unsuitable bowl in the microwave, it can be extremely lethal. These instructions matter greatly, and companies should ensure they are included properly. Just imagine it’s labeled to be microwave-proof when it’s not. It can be extremely disastrous.
Why It Matters?
Product liability cases can be tricky. Big companies have lawyers and resources to fight these claims. You need a lawyer if a defective product has hurt you. You can seek compensation if you can identify the original mistake or cause. It can be a product mistake, a bad design, or a missing warning.
Talk to a lawyer if you have a product liability claim. They will help you understand your rights. They will also guide you on what to do next. These cases can become complex sometimes, especially if big names get involved. Therefore, conducting proper research before filing a complaint is always recommended.
