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Types of Defective Product Liability Claims

Types of Defective Product Liability Claims

Most of the time, the products we use around the house work well and serve their purpose. We don’t worry about those things hurting us or our families. However, sometimes a defective product makes its way onto the marketplace, and results in injuries. Just about anything can be dangerous: our vehicles, our cosmetics, our household appliances, and so many more. And because there are so many different types of injuries, that arise out of so many different circumstances, the legal realm of product liability can be confusing.

Depending on your unique circumstances, your San Diego product liability attorney will advise you on the best type of claim to file, so you can recover damages for your suffering. You may also be included in a mass tort, or class action, claim.

Product liability lawsuits often fall under one of three categories:

  1. Defective manufacture

These are the products that encountered faulty manufacturing processes, usually a factory error or materials error. If there is a problem in the fabrication of a product, that isn’t caught and remedied, it can put you in serious danger. Examples of this may be:

  • Batch of over-the-counter medication that was tainted with a toxic substance
  • Vehicle that was missing a mechanical component
  • Playground equipment with incomplete welding
  1. Defective design

When a product is potentially inherently defective or dangerous, this may be a case for a defective design claim. These claims don’t have anything to do with faulty manufacturing, but instead try to demonstrate that the product itself, or entire line of products, is dangerous. Examples of this may be:

  • Type of vehicle that is very top-heavy, and tends to flip when turning a tight corner
  • Brand of sunscreen that does not protect the skin from UV rays
  • Electronic device that shocks user when turned to a certain setting
  1. Defective marketing

Also known as “failure to provide adequate warnings or instructions,” this type of claim is based upon the idea that if a product is not used exactly right, it presents a danger that is not obvious to the consumer. Examples of this may be:

  • Corrosive chemical that is sold without adequate instructions on safe application
  • Over-the-counter medication that is lacking warning about potential interactions with common things like aspirin
  • Tea kettle that does not come with warnings of steam burns, if valve is not positioned just right

If you have been injured by a consumer product, you deserve help. Reach out to us at the Benner Law Firm today, and ask for your free consultation to get started.

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