What are the Different Types of Product Liability Claims?

If someone is injured by a defective product, there are three types of product liability claims that may apply to their case: (1) defective manufacture, (2) defective design, and (3) failure to provide adequate warnings or instructions regarding how to properly use the product. Knowing the basics of these three product liability claims will help an injured person determine if they have a valid case.

Manufacturing Defect Product Liability Claim

This type of product liability claim is appropriate if an injury is caused by a problem with how the product was made. Essentially, the product that causes the injury is somehow different than all the identical products of its type being sold. For example, a bicycle was built with a small crack in the frame, which breaks down when the consumer rides it, injuring them. A person who feels that they may have a defective product claim based on a manufacturing defect must be sure to evaluate their behavior honestly. If the bike had a crack in the frame, but the victim was injured when she swerved off the sidewalk in rainy conditions, the crack in the frame may not have been the cause of her injury.

Design Defect Product Liability Claim

In this type of products liability, the product’s design was flawed. Defective design product liability claims do not involve an error in the manufacturing of the product, rather the design of the entire line of products was inherently dangerous, regardless of the fact that the product which caused injury was perfectly manufactured. Some examples of defectively designed products could be:

• Airbags that are not thick enough to absorb the impact of a collision.
• Sun block that does not adequately protect a person from the sun.
• Riding lawnmowers with blades that do not immediately stop spinning when the machine is stopped by the operator.

As with manufacturing product liability claims, a plaintiff must show that their injury was caused by the defective design itself. For example, if a person is driving a car that is prone to swerving due to its design and they are injured when the car is rear-ended by another vehicle, they will not have a products liability claim for defective design since the defect making the car swerve was not the cause of their injury.

Failure to Provide Adequate Warnings/Instructions Product Liability Claim

If someone is injured by a product, and the product did not come with strong enough warnings or instructions regarding how to use it safely, they may have a products liability claim for failure to warn. Failure to warn product liability claims arise when a product is dangerous in a way that is not obvious to the consumer, or the consumer needs to exercise extra care in order to properly use the product that is not mentioned in the instructions. An example of this type of product liability claim would be if someone purchased an over-the-counter drug that lacked a warning on the hazards of using it with certain other drugs, and was injured when they combined it with other medication.

Whether you were the victim of a defectively manufactured or defectively designed product, or the product that injured you posed an unnoticeable risk that you were not warned about, you should consult an experienced product liability attorney immediately.

Case Studies: Utilizing Insurance for Different Types of Product Liability Claims

Case Study 1: Manufacturing Defect Product Liability Claim

Sarah purchased a new blender from a reputable manufacturer. While using the blender for the first time, it suddenly malfunctioned, causing the blade to detach and injure her hand. Sarah realized that the blender had a manufacturing defect. Thankfully, the manufacturer had product liability insurance that covered injuries resulting from defective manufacture.

Sarah filed a claim, and the insurance company covered her medical expenses, including surgery and rehabilitation. The insurance coverage provided Sarah with the necessary financial support to recover from her injuries and seek proper medical care.

Case Study 2: Design Defect Product Liability Claim

John purchased a car known for its sleek design and advanced safety features. However, during a collision, John discovered that the car’s design flaw made it prone to fuel leakage, which exacerbated the severity of the accident. John suffered significant injuries as a result. Fortunately, the car manufacturer had design defect product liability insurance. With the assistance of the insurance coverage, John pursued a product liability claim against the manufacturer.

The insurance company provided legal representation and covered the costs associated with the lawsuit. Ultimately, John received compensation for his injuries, medical expenses, and pain and suffering.

Case Study 3: Failure to Provide Adequate Warnings/Instructions Product Liability Claim

Emily purchased a household cleaning product that did not provide clear instructions on how to use it safely. While using the product, Emily accidentally mixed it with another cleaning agent, causing a chemical reaction that resulted in severe burns. Emily realized that the product’s failure to provide adequate warnings contributed to her injuries.

Fortunately, the product manufacturer had product liability insurance that covered claims related to failure to provide warnings or instructions. Emily filed a claim, and the insurance company compensated her for her medical expenses, rehabilitation, and pain and suffering. The insurance coverage helped Emily recover both physically and financially from the incident.