When a defective product injures someone and they file a product liability claim, everything from product to quality assurance falls under scrutiny. For manufacturers, this means plaintiffs have many ways to poke holes in their processes and decisions.
That said, understanding the different types of product liability claims is crucial. Below are some common examples.
Design defects
Design defect claims argue that a product’s design is inherently dangerous, affecting all units made, not just a few faulty ones. Unlike manufacturing errors, design flaws exist from the start. In court, judges look at whether the product meets consumer safety expectations or if its risks outweigh the benefits.
For example, a car that easily rolls over due to its design could be the reason for such a claim. Manufacturers can defend themselves by proving the design is safe enough or that no better design is feasible.
Manufacturing defects
Manufacturing defects arise when a mistake in the production process makes a product unsafe. These usually affect only a portion of products and not the entire line.
For instance, a batch of painkillers might become contaminated during production, making them dangerous to consumers. In these cases, the plaintiff must show that the product differed from its intended design and that this difference caused harm.
In Texas and many other states, manufacturers are often held strictly liable for these defects, which means they can be responsible even if not negligent.
Failure to warn
Failure to warn claims occur when a product has insufficient instructions or warnings regarding its proper use and inherent risks. A common example would be a hair dye product that fails to adequately caution users about potential allergic reactions.
In such a claim, the plaintiff typically has to show that the absence or inadequacy of warnings made the product unreasonably dangerous and that this directly resulted in their injuries.
However, manufacturers can defend themselves by:
- Demonstrating the warning’s accuracy
- Showing that the risk is commonly known or obvious
- Additional warnings would not have prevented the injury in question
Furthermore, manufacturers must prove that they conducted proper risk assessments to anticipate all possible hazards.
When to seek legal help
Product liability claims can be complex, which is why an attorney can be an invaluable resource for knowledge, legal guidance and support. Experienced legal counsel can help manufacturers defend themselves and protect their businesses moving forward.