The Cassidy Law Firm Blog

Friday, April 12, 2019

Product Defects Involved in Products Liability Claims

We trust the products we use every day to be safe for reasonable use. We trust the products to give us clear directions and warnings on how to properly use or not use them. That is why product designers, manufacturers, and retailers have a legal duty to ensure the products they make are safe. When they fail in this duty, someone can sustain serious injury. If you have been injured by a product that was defective due to the negligence of a product manufacturer, designer, or retailer, you may file a products liability claim. This means you would be able to seek monetary compensation for the damages you sustained due to the other parties’ failure to uphold their legal duty to create and distribute a safe product.

What Type of Defects Lead to Products Liability Claims?

There are three central kinds of product defects that lead to products liability claims when that defect results in injury to someone. These product defects are:

  • Manufacturing defects:  When a product is safely designed, but an error occurs in the process of making and manufacturing, the manufacturing defect can cause harm. A manufacturing defect is not planned. It is a mistake in the execution of a properly designed product. With manufacturing defects, it is usually a limited number of products that become unsafe. It may just be one or a bad batch of products, but it is not all of them as the product was originally safe in design. To file a product liability, claim because of a manufacturing defect, the manufacturing defect must have been the cause of the injury. The person bringing the claim must be prepared to prove this.

  • Design Defect:  Sometimes, products are designed in a way that makes them unsafe even if they are used as intended. This means that even if the product is made exactly as established by the design, it will still be unsafe for use. A defectively designed product was made despite a foreseeable risk of harm to the user. A defectively designed product may have been designed one way when there was another reasonable alternative design that made the product safer and avoided undue risk to the safety of the user. Product liability claims based on a design defect are common in automobile cases. Again, the claim must arise from the fact that the design defect was the cause of the injury.
  •  Failure to warn:  Failure to warn or properly instruct claims are based on what some refer to as “marketing defects.” The product designer and distributor have the duty to clearly communicate the proper use of a product and the potential dangers a product poses. If instructions are not accurate or warnings of foreseeable dangers of product use are not clearly displayed, this is a marketing defect. If the breach of duty led to the injury of the user, then a products liability claim may be successfully brought.

New Jersey Products Liability Attorney You Can Count On.

Defective products lead to thousands of injuries each year. There are legal protections in place for those injured due to the negligence of another. If you have been injured by an unsafe product, you can seek recourse against the party that failed in its responsibility to protect consumers. The Cassidy Law Firm will fight for you to be justly compensated for your injuries. We proudly serve Shrewsbury and Monmouth County. Contact us today.

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