The Different Types of Product-based Personal Injury Claims
It would seem, with the technological advancements in modern society, that manufacturers could design, build, and test products that ensure user and bystander safety. Unfortunately, in the rush to be first to market, many product developers cut corners or ignore potential safety concerns. The result is that hundreds of thousands of people are injured every year by dangerous or defective products. Statistics show that one of every 13 personal injuries involves a consumer product. So how do you know if you have a product liability claim, and whom can you name as a defendant?
The Types of Product Liability Claims
The law recognizes three specific types of product liability claims:
- Negligent / defective design—Defective design claims allege that the product designers failed to act reasonably when conceiving the product. A manufacturer may use high-quality materials and build exactly to specifications, but there still can be a design defect. An example would be the design of a motor vehicle that’s susceptible to rollover because of an improperly placed center of gravity.
- Negligent / defective manufacture—Defective manufacture can involve the use of substandard or inappropriate parts or materials. It also can involve inadequate manufacturing processes or standards. This claim does not address the design of the product but only the fabrication, assembly, construction, or other manufacture.
- Negligent / defective marketing—Negligent marketing generally involves either a failure to warn of dangers that were known or should have been known, or some type of defect or omission in the product labeling.
When you seek damages for injuries caused by a dangerous or defective product, you can file legal action against any party within the chain of distribution, from the designer or manufacturer to distributors, wholesalers, and retailers.
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