Manufacturer’s Mistake
A faulty product due to improper manufacturing is the most common and obvious type of product liability claim. A defectively manufactured product’s flaws occur due to an error in the production process, which can cause injuries when used by the consumer.
Common examples of manufactured defects include:
- Swing sets with cracked chains or seats
- Tainted batch of cough syrup containing wrong or poisonous substances
- A new bicycle with faulty brakes or tire frames
Only injuries directly caused by a manufactured defect are eligible for a liability case. Poor performance, misjudgment or improper use on your end is not covered in a liability case.
Dangerous Product Design
Dangerously designed product liability cases can be brought when a defective design makes the entire line of products dangerous, even if the product was made to exact specifications. This means the product may work as intended, but all products in the line can cause injury because of their characteristics.
Common examples include:
- Sunglasses whose UV lens fail to properly filter harmful rays
- A certain model car whose top heaviness leads to roll overs when turning corners
- Electric blankets that get too hot when turned on high, catching fire or burning users
Again, for a claim to be eligible, injuries must be caused by the defective design. For example, if you were to flip your rollover-prone vehicle into another driver, you may be liable for the other driver’s injuries unless you can prove that your car flipped due to no fault of your own and the car’s faulty design caused the crash.
Failure to Provide Adequate Warning
Failure to provide sufficient warning claims involve the manufacturer’s failure to provide substantial warnings or instructions regarding a product’s proper use. Essentially these claims cover injuries from products that are dangerous in some form that is not obvious to the user, and requires a visual or written warning on the product describing how improper use can lead to injury and how to avoid that outcome.
Examples include:
- Medicines that are volatile when mixed with other medicines, but don’t have a warning label describing which ones are dangerous combinations
- Corrosive paint chemicals that don’t provide detailed instructions on proper usage and application to avoid accidentally inhaling and damaging yourself or others with harmful chemicals
Adequate warning claims are only valid when a product fails to warn or properly instruct. Regardless of small print or its odd placement on the bottle, if the warning is present your claim will be voided.
Receive Expert Legal Advice from Showard Law Firm
Showard Law Firm’s lawyers are your experts when it comes to defective product liability cases, helping people who have been the victims of defective designs and faulty consumer products. We assist Tucson residents in seeking justice after their trust in manufacturers has been violated in any number of ways. Some of the types of consumer product cases we handle include:
- Design flaws
- Electrocution
- Tire blowouts
- Electrical fires
- Improper labeling
- Flammable products
- Inadequate safety features
- Defective appliances that cause injury
- And more
Contact Showard Law Firm to schedule a consultation with one of our knowledgeable legal staff.
