Defective products are products or a part of the product breaks, ruptures, or collapses, resulting in bodily injury. It can also refer to the failure of various safety mechanisms, valves, or other moving parts that contribute a product’s safety. There are a range of defective products which fall in three categories of product liability: (1) defective manufacture (2) defective design or (3) failure to provide adequate warnings or instructions
In some cases, product failure issues can involve specific legal issues like defective products and product liability. This is especially true if the injuries are due to a defect in the way the product was designed, or if it failed to contain the proper warnings.
What Is a Defective Manufactured Product?
A defectively manufactured product is a type of products liability claim when an injury occurs because of a defectively manufactured product. A defective manufactured product occurs when there is some error in making the product and the problem occurred at the factory where it was being made. To bring a products liability claim for a defective manufactured product, the plaintiffs injury must have been caused by the defective manufacture.
What Is a Defective Designed Product?
A defectively designed product is a product that has a bad design which has caused injury. A defectively designed product is not a single defective product, but the entire line of the products have a bad design that is dangerous for the average consumer use. The plaintiff must prove:
- The product has a defective design
- The design is dangerous for use
- The manufacturer could have designed a safer design
What Is a Failure to Provide Adequate Warning Defect?
A failure to provide adequate warnings or instructions is where a product fails to have warning labels on the product that is visible enough for a consumer to be warned of the possible dangers associated with the product.
What Are Some Examples of Defective Product Injuries?
Some examples of product failures and failure injuries include:
- Part of the product falling on the person or crushing parts of the body
- Physical trauma due to failure of safety harnesses, straps, or cushioning systems
- Child injuries resulting from defective child locks or safety devices intended for children
- Poisoning resulting from improper product mixtures or a lack of warning labels
- Injuries resulting from failure of gears, hydraulic mechanisms, levers, and other moving parts
Product failure injuries can involve a number of different causes. Generally speaking, mechanical and structural failures cause a high number of personal injury cases every year. Plaintiffs may have their damages award lessened if they contributed to their injuries by their own negligence.
What Are Some Legal Remedies for Product Failure Injuries?
In most cases, the legal remedy for product injury failures is a damages award to reimburse the victim for their losses and products liability injuries. While every case is unique depending on the type of injury that the plaintiff suffers, the exact compensation that will be available for a plaintiff may be:
- Medical Bills
- Lost Wages
- Diminished Capacity
- Pain and Suffering Damages
- Funeral expenses for wrongful death case
- Attorney expenses
Do I Need a Lawyer for Help with Product Failure Injuries?
Injuries caused by product failure can be very serious, and can sometimes affect large portions of the consumer population. If you need legal assistance with a product failure injury, you may wish to hire a personal injury lawyer in your area. A qualified lawyer can assist you with your case, and help you claim your rights under the injury laws in your area. Also, your attorney will be able to represent you during the formal court process.