Product liability claims can be a challenging and complex area of law, both for consumers and manufacturers. When a defective product causes harm or injury, individuals have the right to seek compensation for their damages. Understanding the different types of product liability claims and knowing how to handle them is imperative for both parties involved.
Manufacturing defects occur when a product's design is sound, but an error or flaw in the manufacturing process makes it dangerous or defective. These defects can range from contaminated medications to faulty electrical components in appliances. When a manufacturing defect causes harm, the injured party can pursue a product liability claim against the manufacturer.
Design defects arise when a product's design inherently poses a danger, making it unreasonably unsafe for consumers. Unlike manufacturing defects, which affect a specific batch or group of products, design defects are present in all units. Examples of design defects include unstable furniture that easily topples, automobiles with flawed braking systems, or toys with small parts that pose choking hazards.
To file design defect claims, plaintiffs must demonstrate that the product's design was inherently dangerous and that safer alternative designs were available. Manufacturers should promptly address design defects to avoid potential legal consequences.
Failure to Warn
A failure to warn claim arises when a manufacturer fails to provide adequate instructions or warnings about the potential risks associated with using a product. Manufacturers have a responsibility to inform consumers of any foreseeable dangers and provide clear instructions on proper usage. Failure to do so can result in injuries, and consumers may pursue a product liability claim based on inadequate warnings or instructions.
When handling such claims, it is crucial to gather evidence of the manufacturer's knowledge of the risk, demonstrate the failure to warn, and establish a direct link between the inadequate warning and the plaintiff's injuries.
Strict Liability Claims
Product liability claims are often based on the theory of strict liability. This means that a manufacturer can be held responsible for injuries caused by their product, even if they were not negligent or aware of any defects. Under strict liability, the injured party only needs to prove that the product was defective and caused harm.
Handling strict liability claims requires a thorough investigation into the product's defect and gathering evidence of the injuries sustained. It is important for manufacturers to exercise due diligence in ensuring the safety of their products to mitigate the risk of strict liability claims.
Navigating product liability claims can be challenging, but with the right knowledge and legal support, you can seek justice and fair compensation for your injuries. If you or a loved one has suffered harm due to a defective product, Charles G. Monnett III & Associates is here to help. Our experienced team of personal injury attorneys in Charlotte, NC, specializes in handling product liability claims.
Contact us today for a free consultation and let us fight for your rights.