3 Types of Product Liability Claims
Posted On behalf of Pfeifer Morgan & Stesiak on Jul 18, 2017 in Product Injury
Defective products cause thousands of personal injuries each year, with some injuries resulting in death. When this happens, the victims or their loved ones may be able to file one of three types of product liability claims to obtain compensation.
The product liability attorneys in South Bend at Pfeifer, Morgan & Stesiak have compiled an easy-to-understand guide to the types of product liability cases that can be pursued. If you suffered a defective product injury, schedule a free, no-obligation consultation with our law firm to learn the legal options available in your situation.
1. Defective Design
These types of claims allege that the victim's injuries were caused by an inherent defect in the design of the product.
For example, you might be able to file this type of claim if you were injured in a rollover car accident and your vehicle's top-heavy design increased the rollover risk.
2. Defective Manufacturing
Defects during the manufacturing process are the most common reason for product liability lawsuits. These lawsuits claim that while the product’s original design was safe, an error occurred during the manufacturing process that rendered the product unsafe for consumers. Examples include:
- Medications that are contaminated with harmful substances
- Safety equipment that is not installed on a vehicle during manufacture
- Vehicle tires that were poorly manufactured, increasing the risk of the tire treads separating, which increases the risk of blowouts
3. Failure to Warn or Properly Instruct
A product can be designed safely and manufactured properly, yet still be unsafe for use if consumers are not adequately warned about dangers or correctly instructed on the product’s proper use.
A product liability case concerning a failure to warn claims a product has a danger that is not apparent to the user, and requires clear instructions on use and safety concerns.
Clear instructions could include explicit statements on the product or its packaging about turning the device off or not using it in an area with an open flame. The instructions could also explain what can happen if the user violates the instructions, such as electrocution, burns or drowning.
Examples of product liability claims involving failure to warn are:
- Prescription medications that fail to warn patients of adverse side effects
- Chemicals that bear no warning regarding safe use, storage and handling
- Talcum powder lawsuits over the failure of manufacturers to warn women about the increased risk of ovarian cancer when this product is used for feminine hygiene
Determining the Type of Claim You Can File
When you meet with an attorney, he or she will evaluate how your injury occurred to determine the type of product liability claim you should file.
For example, if a medication caused an adverse event leading to injury, but the product had not been tampered with and contained normal ingredients, your claim would be about a design defect issue.
If the medication contained a poisonous contaminant that caused the injury, it would be a manufacturing defect issue.
If the injury occurred because the medication was taken along with another substance that caused the adverse event, yet the product label did not warn of such dangers, it would be a failure to warn issue.
Contact Our South Bend Injury Lawyers Right Now
If you have been injured due to a defective product, you may be entitled to pursue a product liability lawsuit to recover compensation for your medical bills, lost wages, and pain and suffering.
The experienced South Bend personal injury lawyers of Pfeifer, Morgan & Stesiak may be able to pursue your case, working to hold negligent parties accountable and recover fair compensation. We have detailed knowledge of Indiana's Product Liability Act and how it applies to your claim.
Schedule a free, no-obligation case consultation today. We take cases on contingency, which means we charge legal fees only if we recover compensation for you.