Products on the market are expected to be safe when used as intended. Even when a product has inherent risks, it should be designed to be safe when handled properly. A defective product, however, is not simply one with inherent dangers. Instead, a product with defects in design, manufacturing, or marketing makes the product unsafe, even when used properly.
Because these risks are unpredictable, consumers cannot take action on their own to mitigate them. As a result, the responsibility for injuries caused by defective products does not rest with the consumer. Rather, manufacturers, sellers, and distributors may all bear liability. To learn more, you can speak with a Clark defective products lawyer at Fredson Statmore Bitterman, LLC. Call today to begin working with a dedicated personal injury attorney.
Types of Product Liability Claims
There are three main types of product liability claims: defective design, defective manufacturing, and defective marketing. While each claim involves four common elements, the required proof differs slightly depending on the type of claim.
Defective Design Claims
A defective design claim alleges that the product, as designed, is unsafe. The issue is not with how the product was manufactured but that it remains dangerous for its intended use even when it is made exactly according to the design.
Defective Manufacturing Claims
A manufacturing defect occurs when something in the production process makes the product dangerous, even though the design is safe. For instance, using subpar materials that weaken the product’s structure can lead to a defective manufacturing claim. Manufacturing defects are the most common basis for product liability claims.
Defective Marketing Claims (Failure to Warn)
This type of claim asserts that the product is dangerous due to how it was marketed. Even if the product is not inherently dangerous, the manufacturer must warn consumers or provide instructions for its safe use. Prescription drugs are frequently involved in defective marketing claims when manufacturers or sellers fail to properly warn consumers of potential risks.
Consumers do not need to know exactly what type of product liability claim they have before seeking legal help. A Clark lawyer experienced in handling product liability claims can assess the situation and determine the most appropriate legal theory to pursue.
The Four Elements of a Product Liability Claim
Regardless of the type of claim, every product liability attorney in Clark must prove four essential elements for a successful case:
- The claim involves a product: This means the item in question must be a tangible item
- The product was defective: There must be a defect in the design, manufacturing, or marketing of the product
- The defect caused an injury: The defect must have directly resulted in harm to the user
- The injury led to damages: The injury must have caused measurable losses, such as medical expenses, lost income, or pain and suffering
A key difference between product liability claims and other personal injury claims is that product liability does not require proving negligence. Product liability cases follow the principle of “strict liability.” This means that the injured party does not need to demonstrate that the manufacturer, seller, or distributor acted negligently. The manufacturer can be held liable even if they were unaware of the defect.
Intended Use and Foreseeable Use
A product’s warranty generally covers its intended use, meaning the product is expected to be safe for that specific purpose. However, manufacturers must also ensure their products are safe for reasonably foreseeable uses, which vary depending on the type of product. For example, toys must be designed to account for a wide range of play behaviors, as children often use toys in unexpected ways. On the other hand, using a chainsaw to cut hair is not a reasonably foreseeable use.
Victims who were injured while using a product in a reasonable manner may have grounds for a product liability claim, even if they were not using the product exactly as intended. A Clark product liability lawyer can help an injured person understand more about their rights and responsibilities as a consumer.
Talk to a Clark Defective Products Attorney
Even if a product lacks an express warranty, every item sold comes with an implied warranty that it will be safe for its intended purpose. Manufacturers are strictly liable when a product proves to be dangerously defective, whether it is used as directed or in a manner that the manufacturer could have reasonably foreseen.
If you have been injured by a defective product, you may be entitled to compensation to help offset your financial, emotional, and physical harm. A Clark defective products lawyer at Fredson Statmore Bitterman, LLC, can provide more information and answer your questions during a free consultation.
