A defective product is an item manufactured with a defect that can cause physical harm to those who purchase and use the product.
Because of the defect, the product does not perform in the way the manufacturer intended. Defective products may be vehicles, cosmetics, faulty drugs and medical devices, machinery, tools, and other types of merchandise.
Defective Products and Liability Claims
Consumers may bring liability claims against manufacturers or sellers of defective products. There are three types of defects involved in product liability claims: design defects, manufacturing defects, and failure to warn or labeling defects.
Design defects involve a flaw in a product’s design that makes it dangerous for consumers to use. Consumers bringing design defect claims must show that the product’s design was unsafe and, as a result, the product caused them harm.
A manufacturing defect refers to a mistake that occurs during the manufacturing process that renders the product unsafe to use. Because of the error made during production, the product does not function properly and is unsafe.
Failure to Warn
Failure to warn occurs when a manufacturer does not adequately warn about the risks associated with its product.
Failure to warn claims contend that the manufacturer’s warnings and instructions were insufficient to prevent a consumer from being injured by the product.
Failure to warn claims may also contend that the consumer would not have purchased or used the product had the manufacturer adequately warned about the dangers of the product.
Product Liability Claims
Consumers who were injured by defective products may pursue compensation for their damages by filing a product liability claim.
A strict liability claim requires a plaintiff to show that a product was dangerous, and the product injured the plaintiff. The plaintiff does not have to prove negligence.
A negligence claim must show how a manufacturer failed to exercise reasonable care when manufacturing or designing a product. As a result, the plaintiff was injured because of the manufacturer’s negligence.
Express or Implied Warranty
A plaintiff may contend that a manufacturer breached its express or implied warranty or guarantee about the safety of a product. As a result, the plaintiff was harmed by the manufacturer’s defective or dangerous product.
Contact the Law Offices of Ogle, Elrod & Baril, PLLC
The Law Offices of Ogle, Elrod & Baril, PLLC help people who have been injured by faulty drugs and defective medical devices, such as surgical hernia mesh.
If a defective product injured you or a loved one, talk to a product liability lawyer. We can thoroughly investigate your complaint and discuss options to recover compensation.
To learn more about how we can help you, call our law firm at 865-546-1111 to schedule a free consultation.