The basis of defective product claims always involve one of three premises:
1. The design of the product was faulty in some way
2. The defect of the product can be traced to the manufacturing process
3. The product did not include necessary warnings or other information
If you can prove one of these three, then you have the foundation for a strong liability case. Product liability cases are often seen within the same types of industries. The most common types of defective product cases are listed below.
- Automobile makers
Product liability cases are a very common amongst automobile makers. These cases usually operate under the belief that the error was made in either the design stage or during the manufacturing process. When SUVs were introduced, manufactures faced many liability claims because there were many kinks to be straightened out. SUVs were prone to flipping over even when the drivers were engaging in safe driving behavior. Now it less common for automobile manufacturing companies to face liability over SUVs, however it still happens with other types of manufactures.
- Children’s toys
When it comes to their children parents and guardians become extremely protective. If parents have any inclination that the safety of their children has been compromised in any way they will take action. There was a time when children’s toys were made with harmful products such as lead paint. Now that toy manufacturers are aware of the harmful affects these products, they have changed the products they use to manufacture these toys. Because of this, product liability claims now tend to based upon choking hazards.
- Medical devices
There is a difference between medical malpractice and claims involving defective medical devices. Defective medical product claims can involve more than just the doctor who preformed your procedure. Hospitals, pharmacists, manufacturers, designers, and sales representatives can all be included as responsible parties in your claim. These types of claims usually involve implants, prosthetics, or surgical devices that cause complications. For example, if a patient gets a hip replaced and develops an infection due to a faulty device they may be able to file a claim. If it possible that a doctor traces the source of the infection to the defective surgical device, this becomes evidence.
- Chemicals or materials
Sometimes chemicals or other substances are unintentionally placed into products. It is possible that during the manufacturing process an unknown chemical can find its way into a cleaning product. If this chemical is harmful on its own or when combined with other chemicals it can cause a reaction. When consumers buy cleaning products they assume that they are harmless unless stated otherwise. If a consumer were to spill this defective chemical on their skin and it caused injury, they could have the basis of a claim.
If you have been the victim of a defective product, feel free to contact us at Kyle Law Firm.