Product liability is a critical area of law that protects consumers from harm caused by defective products. When a product fails to meet the expectations of safety and causes injury, victims have the right to seek compensation.
Types of Product Defects
Product defects can occur in multiple products, and at various stages of manufacturing, design, or labeling. These defects can cause serious or deadly harm. The three primary types of product defects recognized in product liability law are Manufacturing Defects, Design Defects, and Failure to Warn.
These defects deviate from the intended design, or have a defective/broken part, making the product unreasonably dangerous. A coupe of examples include a vehicle with a faulty brake system or a prosthetic limb that will not hold its intended weight.
Design defects are flaws in the product’s design that make it inherently dangerous or unfit for its intended use. An example could be a car with an unstable design that leads to a higher risk of rollovers or a baby stroller with inadequate restraint mechanisms.
Failure to Warn
Marketing defects arise from inadequate warnings, instructions, or labels on a product. Manufacturers have a duty to warn consumers of potential dangers associated with proper product use or foreseeable misuse. Failure to provide appropriate warnings or instructions can result in injuries. Examples include medication without clear warnings about potential side effects or a gas powered lawn mower without warnings regarding fume inhalation or being cut by the mower.
Legal Theories for Recovery Under Product Liability Law
When pursuing a product liability claim, injured individuals can seek compensation through various legal theories, including Strict Liability, Negligence, and Breach of Warranty, to name a few. A skilled and experienced product liability lawyer will investigate all the circumstances surrounding the injury to determine the best legal theory or theories to pursue justice and a full amount of compensation.
Under strict liability, a plaintiff must prove that the product was defective and unreasonably dangerous, regardless of the manufacturer’s intent or negligence. Strict liability holds manufacturers responsible for injuries caused by defective products, emphasizing the importance of consumer safety. It places the burden of ensuring product safety on manufacturers and encourages them to adopt rigorous quality control measures.
In a negligence claim, the injured party must establish that the manufacturer or another party involved in the product’s supply chain failed to exercise reasonable care, resulting in the defective product and subsequent injuries. To succeed, the plaintiff must demonstrate that the defendant breached their duty of care, causing the injury. Negligence claims may focus on areas such as design flaws, inadequate testing, or improper manufacturing processes.
Breach of Warranty
Breach of warranty claims arise when a manufacturer (or the direct seller) fails to fulfill its expressed or implied promises regarding a product’s safety or performance. Express warranties include explicit statements or guarantees, while implied warranties come from reasonable expectations of product performance. Breach of warranty claims can hold manufacturers accountable for selling products that do not meet the promised and legally imposed standards.
Contact Real Injury Attorney for Help With a Product Liability Claim in Las Vegas or Florida
Product liability cases are complicated, and the case law is complex. The cases also require an in-depth mechanical or engineering understanding of the different types of products ranging from consumer products to industrial. Product defect causes serious injury, or death, and it is important to hire counsel experienced with these types of cases. The product manufacuturer have deep poclets and can afford to hire a proficient defense team.
Fight back. Hire an attorney with over a decade of experience handling multiple product-defense laywer teams. Our aggressive legal team has taken on some of the biggest product manufacturers and product distributors, household names, and held them accountable for their failures and harm they imposed on innocent consumers. Real Injury Attorney, with offices in Tampa, Florida, and Las Vegas, Nevada, is dedicated to advocating for those who have suffered harm due to defective products. By recognizing the types of defects and legal theories involved, victims can pursue rightful compensation and manufacturers accountable.
Call today for a free consultation regarding your claim. There’s no fee until we win compensation for you.