When you’re using a product the way it’s supposed to be used and it malfunctions, causing you injury, the results are shocking, scary and staggering. Injuries and damages could require a long and expensive road to recovery, and it’s important for people in these cases to be able to collect damages to help pay those bills.
Collecting this compensation, however, requires an understanding of the different types of defective product cases and the strategies they require. Learn about the different kinds of product liability claims, the tactics and strategies involved, and how a personal injury lawyer can be key to compensation.
Types of Product Liability Claim
There are, in general, three different types of defective product claim that can be filed. The type of product defect you’re dealing with will affect the strategy taken by your attorney to prove liability and will affect, to some degree, the responsible parties. These three kinds of claim are those dealing with manufacturing defects, those with design defects and situations where instructions and warnings weren’t adequate.
Defective Product Manufacturing
A claim of defective manufacturing refers to a situation where a single product from a line of otherwise reliable products has some sort of defect that occurred during the process of being built. For example, consider a range of cappuccino machines — which may even be well-regarded. A single machine among the group, however, has a bad or weak seal, which causes steam to shoot out and burns the user. This is a case of defective manufacture.
Design Defects in Product Lines
When an entire product line is afflicted with a defect that makes it inherently dangerous, this is a design defect claim. Consider a range of e-cigarettes with batteries that are prone to overheating, for example. When people plug them into their battery packs and stow them away to charge, they can explode or catch on fire. The problem is in the core design of the product and is common across the range.
Improper Warnings or Instructions
Any product that has an inherent danger if used improperly requires adequate instructions and warnings for its use. Failure by the manufacturer to provide these notices can be grounds for a lawsuit.
In the example of the cappuccino machine above, suppose there could be a danger of getting burned if the water tank cap is not screwed on tightly. This should be clear in the machine’s instructions. If those warnings are not present, and someone burns themselves by forgetting to secure the cap, there might be grounds for damages.
Damages and Personal Injury Lawyer Services
Collecting damages from a product liability claim can be very tricky. You need to prove that there was a defect of one of the above kinds, and that defect was what caused your injury. The defendants will try any number of tactics to shift the blame back to you or deny responsibility, and a successful resolution requires experienced help.
If you’re in the Chattanooga or Knoxville areas and need help with your defective product claim, the attorneys of the McMahan Law Firm are here to help. Read some successful customer testimonials and give us a call for more information today.