From recalls on defective airbags to prescription medications with harmful side effects, defective products cause thousands of injuries each year. If you have sustained an injury or illness or have lost a loved one due to a defective product, you may have a claim for damages against the manufacturer, designer, distributor, or seller of the defective product.
Many common products should be closely examined for liability, and it is important to understand the different types of product liability claims. Experienced product liability lawyers can help you understand the ins and outs of product liability law and determine your best course of action.
A product liability claim based on the defective design of a product alleges that the product is inherently dangerous based on its design alone. In legal terms, a product is considered “unreasonably dangerous” due to its design if it does not perform safely when used as intended; or when the risk of danger in the design surpasses the benefits. For example, a car that is top-heavy and poses a higher risk of rollover could be considered a defectively designed product. It is important to keep in mind that the product’s designer may raise contributory negligence issues such as reckless driving to minimize damages in these types of cases, so it essential to consult with a products liability attorney who will look out for your interests.
Manufacturing defects are one of the most common causes of product liability claims. A manufacturing defect results from something that happens during the manufacturing process that makes a product unsafe, even when used properly. Types of manufacturing defects generally depend on the kind of product in question, and can include:
- Faulty machinery and tools (using the wrong types of screws and fasteners or attaching parts incorrectly)
- Defective auto parts
- Defective medical devices
- Contaminated food or beverages
- Faulty wiring or installation of circuitry that causes fire or electrical shock
- Various other types of manufacturing errors
Warning and Labeling Defects
Manufacturers and suppliers of products are legally required to place clear and complete warnings of dangers that may not be immediately apparent to the consumer. If manufacturers fail to include adequate warnings for the product, they may be liable for any illness, injury or death that is sustained from use or exposure to the product. This is especially true for dangerous items such as cleaning products that contain toxic chemicals.
A warning defect can happen if:
- The instructions for the product are unclear or contain mistakes
- The manufacturer fails to include a warning label at all
- The warning is unclear about the risks that the product presents
- The warning is inconsistent with the product’s intended use
- The manufacturer fails to provide sufficient reasons for the warning
- The warning label is posted in a way that makes it unable for the consumer to read
- The warning label included is for a different product
Prescription medications must include adequate warnings about potential risks and side effects—if you have taken a medication and experienced adverse side effects that were not disclosed by the pharmaceutical company, you may be able to pursue compensation for your injuries.
To discuss your case with the experienced product liability lawyers at Gold, Albanese, Barletti & Locascio, LLC, contact us at 732-936-9901 today.