Anytime someone is harmed by using a product it will fall under the general umbrella of defective products liability. Generally, these claims fall into one of three categories: defective manufacturing, defective design, or failure to provide proper warnings or instructions. Understanding these areas of a product liability claim are key to discerning if you have a valid claim.
The fact that a product is defective, alone will not guarantee a claim, the person using the product must be harmed or injured in some way that affects the victim financially, and or irreversibly.
Defective Manufacture Claim:
This is one of the most common types of product liability and is easily identifiable. If the product produced was defective due to an error in manufacturing at the factory, then the particular item purchased would be different from the other products on the shelves.
Defective Design Claim:
This type of claim arises when a product is made accurately according to the product’s design, but is inherently dangerous. In this category, the entire line of this product is dangerous. Usually, this is when a company will recall the particular product.
Failure to Provide Adequate Warnings or Instructions Claim:
The third type of claim involves products that are accurately made and are not inherently dangerous if used correctly, but due to inadequate instructions for proper use or warnings the victim was unaware of the possible dangers associated with the use of the product.
If you’re not sure what type of product liability case you have on your hands, a seasoned personal injury attorney will be able to provide clarification and will know what are the necessary steps to pursue the claim accordingly. In an injury where fault is clear-cut and the injury wasn’t severe, an attorney may suggest to settle with the insurance company. For more information or guidance, make an appointment for a free consultation with with one of our personal injury attorneys in Miami.