8 Things About Defective Product Claim You Need to Know Today

If you or your loved ones have suffered due to a defective product, you are entitled to financial compensation from the liable parties under the product liability law. Understanding what the law is, the categories of the claims, and mishandling clauses will prepare you for the fight ahead.

• What is Products Liability Law

Product Liability Law states that along the chain of manufacture of any product, all parties are liable for any damage caused by that product. Though not limited, the parties include manufacturers, distributors, wholesalers, and retailers.

if you–the user, endure any financial or physical damage due to a defective product, you can lay claim on liable parties for compensation. Products are generally thought of as tangible personal properties (mobiles, cars, etc.), but the products liability law went further to include intangible products such as investments, accounting, education too.

Before you jump into filing a product liability claim, let’s understand the types of defective product claims.

• Knowing Manufacturing Defect Claim

Manufacturing defects are those which the manufacturer didn’t intend to happen. Design flaws and marketing flaws aren’t a subset of manufacturing defects. Even if the products were designed carefully, manufacturing defects can occur due to a poorly manufactured product.

Suppose a car’s braking system doesn’t work properly and causes injury to the user, it’s a manufacturing defect. This occurrence of defect might or might not be present on all of the same models, but the plaintiff can lay a product liability claim onto the manufacturer still.

Manufacturing defects are hard to prove. Even if you get injured due to a faulty braking system, it’s challenging to establish that in court. The manufacturer might argue that your driving abilities have caused the accident and not their faulty braking system. In most circumstances, whenever you file an intangible product claim, it’s better to have an injury attorney present your case. Injury attorneys are experienced in gathering, analyzing, and presenting proof to hook your claim. Damage product claims, being fuzzy in nature, are prone to get dismissed without an experienced injury attorney handling them.

• Know About Marketing Defect Claim

Manufacturers are responsible for warning users about any potential hazards of their products in a prominent manner. Ideally by creating a warning label. They are also responsible for letting the users know about how to use the products to avoid any mishandling issues.

An example could involve Christmas decorations that are prone to fire. If the manufacturer fails to mention the warning on the package and the user incurs damage, the manufacturers can be subjected to a products liability claim. You can not only claim for the damage caused by the product, but for the inadequate warning regarding the hazard too.

A warning should be clear and specific. A warning sign which is familiar to the majority of the population should be present on the packaging, product, booklet, or in all three places. The instructions should be written in an easy manner and should contain pictures for children to comprehend. If the products are sold internationally, some manufacturers use multiple languages to inform the users about the hazards.

• Design Defect Claim and What You Need to Know

Design defects are those that manufacturers decide to retain when producing a product. Especially in the aspect of a product’s safety. Design defect claims focus on the manufacturer’s design plans that are used to manufacture the products. In comparison to a manufacturing defect, a design defect is much more common and can be proved more easily.

For example, suppose that a model of mobile overheats after certain hours of usage, posing financial and physical hazards. If the user incurs any damage due to the design defect, the manufacturer can be held liable.

Proving design defects are comparatively easier due to the fact that all products of the same model will have the same defect. But, the court might consider economic and manufacturing constraints before making a decision.

• What is Strict Liability Claim

The focus of a strict liability claim is on the product itself. In a strict liability claim, The plaintiff argues that the danger of using the product outranks the benefits. Such as fireworks or knives.

• Know if You Have a Case

It’s not enough to argue that you got injured while using the product, you must prove that the defective product itself caused the injury. For example, if you are considering legal action related to harm caused by a medical device, such as filing a lawsuit for bard powerport cases, it’s important to consult with legal professionals or resources specialising in these claims to fully understand your options. There are certain things that you should consider before laying a claim on the manufacturers.

A badly designed mobile that caused you to burn your hands may be easy to prove, but a car accident that was caused by the failed braking system might not. The car manufacturer will certainly argue that unless you weren’t overspending, you could’ve taken other measures to stop the car, including gradually shifting down to a stop. Although that doesn’t nullify the fact that the braking system was faulty, it dilutes your claim.

• Know About Mishandling a Product

If you get injured while using a product due to mishandling, the case is likely to go against you. Typically, you use products for their intended use. But, if you use a kitchen scale made out of glass to weigh yourself and get hurt by it, you don’t have a claim. The manufacturers are also not required to warn customers of the occurrence of every possible scenario that the product wasn’t designed for.

• Know What Is a Valid Claim

Without proof of injury or damage, the claims usually aren’t valid. The products may need to be proven faulty or dangerous in normal and regular usage for the claims to be valid. Although it might be tough for certain items, usually proving a faulty design is considered valid even if you hadn’t been injured yet.

If you lay the claim, you are responsible to prove that the product has caused harm. The manufacturer or any liable parties aren’t required to do anything about it until they are summoned to court.

The Bottom Line

You can claim financial compensation for incurring injury due to using a faulty product. The manufacturer and the whole supply chain is liable for producing a product that’s defect-free and doesn’t present a potential hazard to the customers, entitling you to lay defective product claim on anything from tangible products to medications that have caused you issues.