Consumer products provide satisfaction and value in everyday life. But these products can be faulty and cause harm to the public. Product flaws may cause consumers to suffer due to loss of livelihood, health or even life. It is therefore essential as a consumer to know when you might need to consult a product liability lawyer to file a claim. They include:
1. Faulty Product Design
In specific instances, the design of a product can be the cause of injury. The overall design of the product is what you might be suing against, meaning that all items manufactured under that design are faulty. A claim against a defective design does not cast doubt on the process used to produce it. It disputes the safety of the product design itself.
For example, if a particular brand of paint fails to color the surface as advertised is defectively designed. The problem isn't in the process used to make it but the actual product design. You will need to prove that the damage caused was due to the flawed design of the product and not your fault. Engage an experienced product liability attorney to assess this before deciding to file a claim.
2. When a Manufacturer Fails to Adequately Instruct Consumers
It is incumbent upon a manufacturer to warn consumers on how to use a product. A manufacturer needs to adequately educate those who buy their products on how to use them safely.
These instructions ought to be clear and easy to understand. Instructions alone aren't enough. They need to be prominently placed for easy notification, and the wording should be sufficiently done as well. A good example is the necessity of pharmaceutical manufacturers to clearly and adequately provide instructions on how to safely use medication.
3. When there is a Manufacturing Failure
Product liability can crop up when an item fails to function due to mistakes in the manufacturing process. Unlike the design defect claims, this concerns a particular product batch from a specific factory/manufacturing location. A manufacturing liability claim, therefore, implies that a safely designed product has failed to function due to a breakdown in the process used to make it.
For example, a tire manufacturer may experience a failure in quality control on one production line. As a result, tires that have significantly weaker threading enter the market and increase the risk of vehicle accidents. In this case, tires are by accepted standards safely designed products. But due to a particular problem at a specific production facility the consumer is exposed to more risk. To successfully file a claim, you must prove that the injury was as a direct result of the product's manufacturing flaw.
4. If there is No Clear Warning Given to Consumers
A manufacturer is legally bound to provide clear warning concerning risks that might be associated with using a product. A no warning claim seeks to make the case that a product was dangerous in a way that wasn't obvious to the general public. It can also attempt to demonstrate that the consumer wasn't adequately warned of specific steps they are required to make to use the product safely.
5. When a Product Fails to Meet its Warranty
A manufactured product comes with a warranty which can be expressly stated or implied. When the warranty of such a product fails to hold up as expected, it is possible to file a product liability claim. For example, if a manufacturer of bullet-proof jackets brings his product to market, the implied warranty is that anyone who wears the jacket will not be harmed by bullets.
If for example, a police officer uses the jacket and when shot realizes that the jacket did not offer any bullet-proof protection, then there is a breach of warranty.
6. In Case of Misrepresentation
A case for product liability arises when a manufacturer promotes a product to the consumer that generates a sense of security that isn't true concerning it. Such a manufacturer is by law expected to espouse the actual attributes of their product.
7. In Case of Negligence
A manufacturer is expected to carry out reasonable care in producing an item. If a risk in using a product is uncovered by the manufacturer, but they fail to make it known, a consumer who gets injured due to this can file a negligence claim. For example, Thomas Valet, a product liability lawyer, led a negligence suit against an over-the-counter drug whose maker had known of a problem concerning it for many years but kept hiding the risk.
8. In Case of Strict Liability
The law holds any seller, distributor or manufacturer of a faulty product responsible for damage caused by it to an individual.
Consumer products make lives much easier but also expose them to potential risks due to product flaws. You need to know when you should file a claim against a manufacturer for damage caused by a product.
Thomas P. Valet is a Top 100 rated NYC Lawyer who specializes in all areas of product liability, malpractice, and personal injury. Learn more by visiting his website at: ValetLaw.com
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