There are a number of personal injury cases that result from incidents with physical objects rather than specific people. In these instances, it is not uncommon for this to be as a result of defective products created by a manufacturer or distributed by a company. If you have been injured as a result of a physical object that is defective, you can get compensation by way of personal injury claim referred to as defective product or product liability. This article will discuss the categories associated with defective product cases.
In some instances, a company selling products may be fully aware that the products are defective but do not remove them from the shelf. When this happens, it shifts litigation from the manufacturer or distributor to the business stocked with the malfunctioning product. Personal injury lawsuits are filed in many circumstances of defective products as a result of various reasons. Some involved in such situations are confused as to what constitutes a valid claim. As such it is important to know what defective products are and what categories apply to such lawsuits.
According to The Cornell Law School Legal Information Institute “products liability refers to liability of any or all parties along the chain of manufacture of any product for damage caused by their product. Products containing inherent defects that cause harm to a consumer (or someone to whom the product was loaned, given, etc.) of the product would be the subject of products liability suits”. Product liability cases are due to defective parts or the whole of a product where injury occurs because of standard or instructional use of the product or object. Many of these claims are based on negligence due to the creation of the item with some defect. Either the company is aware of the defect or a batch was manufactured with a malfunctioning item that was circulated to a store for purchase.
There are three categories for defective product liability suits. These are:
- Manufacture defects - many defective products result in injury to the consumer when they use the item as instructed in which the object should generally and regularly be used. If the defect or flaw of the product is in the creation process, the manufacturer may be held liable when these malfunctioning parts cause injury to those who take them home. For example, when a lawn mower is being used and falls apart with the blade lacerating the owner because certain screws were created with cracks.
- Design defects - this is when a product is created with a defect in the design blueprint. This could lead to a case based on product failure as it cannot work as specified because of the alteration of the design. In such cases the plaintiff explains that the entire product is not safe for general or regular use even with instructions.
- Improper warnings and instructions for use - this is when the item has been used as instructed, warnings are vague or the instructed used is not clear and such an object or product harms the user. Inadequate warning labels fail to indicate the dangers of improper use, leading to injury or death.
For legal advice on products liability contact Anchorage law firms .