3 Types of Product Liability Claims

 

Just as negligent people are held legally responsible for the injuries they cause others, liability laws also hold companies responsible for injuries caused by their products. Whether it’s a faulty vehicle part like an airbag or unsafe pet food, products hurt people more often than you might think. With so many companies starting up and selling new products every year, it is more important than ever that each state’s laws protect consumers from shoddily-made, defective, and dangerous products.

Product Liability Claims Explained

If you’ve been injured by a product, there are generally three types of claims you have the option to file: design defect, manufacturing defect, and marketing defect claims. Here are brief explanations of each type of product liability claim along with some examples to illustrate the defects.

• Design Defect Claims

When a product poses an unreasonable danger to consumers from its design alone, this claim is most appropriate. That doesn’t mean you can hit any company with a lawsuit for making a chainsaw or lighter just because these products are dangerous. It has more to do with the product being unexpectedly dangerous when used in a normal way. Examples of defectively designed products could be a smartphone that bursts into flames or a car that has a propensity to roll over too easily.

• Manufacturing Defect Claims

A product might have a reasonably safe design, but sometimes accidents happen when the product is manufactured and it becomes dangerous to consumers. This is perhaps the most likely way for a product to be defective since any well-designed product could, in theory, become dangerous if it was manufactured improperly. This sort of claim could cover things like food contaminated in a processing factory or a water heater that explodes due to improper materials used in its construction.

• Marketing Defect Claims

You might also see these types of claims referred to as “failure-to-warn” product liability claims, which more directly explains the defect. This type of claim has to do with a company advertising that a product is safe to use in situations where it isn’t, or failing to warn consumers about potential hazardous uses of a product. At its core, this claim holds companies responsible for misleading consumers about the safety of their products. Examples of marketing defects include the failure to list the side effects of medications or not placing warning labels about the danger of using an electrical device in water.

Missouri Product Liability Attorneys

Have you been wrongfully hurt by a defective product in Missouri? Even if you aren’t sure the company is to blame for your injuries, you should still contact a product liability lawyer to find out if you have a case. Our team at Lanzotti & Rau can help you determine if your case is strong and how to proceed with it. We have represented countless personal injury cases in the state and will aggressively fight to hold the guilty party responsible for the injuries caused by their dangerous products. To schedule a free consultation with us, please call 573-335-9300.