Types of Product Liability
In cases of product liability, many times the victim is unsure of who is liable for their injuries. There are three major types of product defects which affect thousands of people every year. Typically, each type of liability may hold a different party responsible, but it is important to contact an experienced product liability lawyer to aid you with your case.
This occurs when there is a defect in, as the name implies, the manufacturing process. In these cases, the manufacturer is typically liable if an injury occurs. The product itself is likely well designed, but an error in their production makes it dangerous. A recent example is the prescription heart medication, Digoxin, which was accidentally manufactured with twice the acceptable active ingredient.
A product defect involves something defective in the design itself. The fundamental nature of the product is defective rather than something farther down the supply chain. If, for example, a car’s axle was made out of wood rather than metal, which then cracked under the high speeds and caused injury, this would be considered a product defect.
Failure to Warn
If a product has a reasonably foreseeable use other than its intended use which may cause injury, the maker of the product is responsible for warning consumers not to use it in this fashion. For example, many people use chairs as stepping stools, which can easily cause injuries as chairs are not designed for this purpose. However, because it is reasonable to expect that people will use it for this purpose, the manufacturer must warn them not to do so. If they neglect to release a warning, they may be held liable for injuries.