Types of Defective Product Claims
Posted On behalf of Pfeifer Morgan & Stesiak on Oct 31, 2018 in Product Injury
Manufacturers, wholesalers, designers and retailers all owe the highest duty of care to consumers. If a defective product injures a consumer, he or she may be able to pursue compensation for medical expenses, lost income, and pain and suffering.
If you believe that you were injured by a defective product, the South Bend defective product lawyers at Pfeifer, Morgan & Stesiak can help. We will provide you with a free, confidential consultation to determine if you have a case against a negligent manufacturer, designer or seller.
Product liability laws protect consumers from unreasonably dangerous products. If we find that you have claim similar to the ones discussed below, we will help you pursue the maximum compensation you deserve.
Types of Product Defects
There are three types of product defects that enable consumers to pursue legal action when they suffer an injury:
A design defect occurs when a product’s design is inherently flawed or makes the product unreasonably dangerous. The product’s designer can be held liable for a design defect if it creates an unnecessary risk when the product is used for its intended purpose.
When reviewing a defective design claim, an attorney may investigate the product and its history to determine if there may have been alternative designs available that would have made it safer. If the designer or manufacturer knew an alternative design existed, but neglected to use it, the designer may be held liable.
A manufacturing defect occurs when a manufacturer’s error causes the product to depart from its intended design and becomes harmful to consumers.
If a poorly manufactured product left the manufacturer and caused injury when used as it was intended, the manufacturer can be held liable.
When a product is inherently dangerous or a manufacturer knows that it could harm consumers when used as intended, the product must provide adequate warning to users.
The warning must be clearly labeled and describe the potential risks of using the product as intended. If the product does not contain these warnings, the manufacturer, seller or designer can be held liable for any resulting injuries or death.
When producing a dangerous product, manufacturers have a duty to warn consumers about discreet risks of using the product. The manufacturer must also provide consumers instructions for how to use the product in a safe manner.
Furthermore, the warning labels for a dangerous product should be clear and placed in a location that is easy for the consumer to recognize. Furthermore, the product’s warning label should be clear and easy to understand.
How Do I Know If I Have a Case?
To recover compensation for the damages that you sustained from a dangerous product, you will need to be able to prove the following:
- You suffered an injury – You must be able to show that you suffered an injury after using a defective product. Your medical records may help establish this connection between the dangerous product and your injury.
- The product is defective – The product suffered from a defect that occurred during the design or manufacturing stages. You may also show that the product’s manufacturer failed to adequately warn you that the product was dangerous when used as intended.
- Your injury was caused by the defect – You must be able to link the injury you suffered to the product’s defect. Seeking medical treatment after being injured by a defective product may help you establish that you were injured after using the product.
- You used the product as it was intended – You must be able to show that you used the product in a manner consistent with its intended use. This shows the product is inherently dangerous or the manufacturer failed to warn you of its risks.
Schedule a Free Consultation
If you were injured by a defective product, it may be in your best interest to seek legal help. A skilled attorney will know how to investigate your claim and build a case to prove the manufacturer, seller or designer is liable for your injury and financial losses.
Pfeifer, Morgan & Stesiak's trusted South Bend personal injury lawyers have helped many accident victims pursue justice and compensation after suffering an injury caused by another’s negligence. We have extensive knowledge of Indiana’s product liability laws and will help you determine if you have a case.
Our attorneys will represent you at no upfront cost. The only time you have to pay us if we help you recover compensation. There is no risk in contacting us to schedule a free, no obligation consultation.
Call (844) 678-1800 for a free legal review of your claim.