How Does Product Liability Negligence Work? | Viles & Beckman, LLC (2024)

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One of the most common examples of product liability negligence involves a pharmaceutical company’s failure to warn consumers about the side effects of a drug. For example, if a person develops stomach bleeding as a result of taking aspirin, he or she may be able to file a lawsuit against the manufacturer for failing to warn them about this potential side effect.

What Are the Types of Product Defect Claims?

Product defect claims are one of the most common types of personal injury cases. The type of product liability claim you need depends on the circ*mstances of your accident and the extent of your injuries. Each one is based on a different type of stage of production, such as defective design, manufacturing defect, or failure to warn.

There are three types of product defect claims:

Design Defects

A design defect means that there was something wrong with how the product was designed before it was produced.

For example, if an automobile manufacturer designed its seat belts so that they could break easily during an accident, this would be considered a design defect because it wasn’t safe for people to use them under normal conditions and, therefore, could cause injury if used improperly by consumers.

Manufacturing Defects

Manufacturing defects occur when something goes wrong during production and causes a flaw in the final product being made available for sale by merchants or manufacturers of certain types of products such as electronics or clothing. It’s usually because someone made a mistake during the production process or used faulty materials in making that product.

Marketing Defect Claims

This type of claim involves marketing defects or inadequate warnings about how to use a product safely or effectively. For example, if there is no warning label on a product that says it is not safe to use near water, and a person is injured while using the product in their kitchen or bathroom with water present, they may be able to recover damages related to that injury.

Who Can Be Held Liable for Product Liability Negligence?

Under product liability law, anyone involved in bringing a product to market can be held liable for negligence. This includes manufacturers, distributors, and sellers. It also includes any parties who performed work on a product before it reached shelves.

For example, if you buy furniture that has been customized by an outside contractor and it causes injury because of poor quality workmanship, that contractor may be liable for damages under product liability law. A product liability lawyer will help you to understand what went wrong with your product and help you to seek financial compensation for any injuries that occurred.

A product liability lawyer can be of great assistance to you when you have been injured by a defective product. The law in this area is complex and varies from state to state. It is important that you consult with an experienced attorney if you believe that you have been injured by a defective product due to negligence.

What Types of Injuries Are Caused by Product Liability Negligence?

Product liability lawsuits are on the rise, and manufacturers and retailers are paying out billions of dollars in damages every year. If you’ve been injured by a product that was defective or dangerous, you may be eligible to sue for damages.

However, the process is complicated, and there are many factors that come into play when filing a claim. These injuries can range from minor to life-changing. The most common types of injuries caused by product liability negligence include:

Fatalities

Tragically, some products are dangerous enough to cause death. If you or someone you love has been killed as a result of a defective product, it is important to hold the manufacturer responsible for its negligence in putting that product on the market.

Burns

Burns are some of the most serious types of injuries caused by defective product explosions because they can lead to severe scarring and disfigurement. When a victim suffers third-degree burns, this means their skin will be permanently damaged by heat or chemical exposure, which may require surgical reconstruction and skin grafts to repair the damage done by the burn.

Internal Organ Damage/Disease

A defective product may not directly injure your body’s outer surface, but it could still cause internal organ damage or disease that results in chronic health issues such as kidney failure or heart disease over time.

Choking

Choking is a very serious condition that can lead to death. The most common choking injuries occur when children swallow small objects, such as toy parts and batteries. Parents should always keep small parts and batteries away from children, especially those under age three.

Traumatic Brain Injuries (TBIs)

A traumatic brain injury is often caused by a blow to the head or by rapid acceleration or deceleration of the skull during an accident. The types of injuries that occur as a result of product liability negligence are extremely varied and can include anything from minor bumps and bruises to debilitating brain injuries.

When a defective or unreasonably dangerous product is sold to the public, it is the responsibility of the manufacturer, retailer, and any other party in the distribution chain to ensure that they have not put consumers at risk.

If a defective or unreasonably dangerous product has injured you, you may be able to bring a claim against the manufacturer, retailer, or other parties in the distribution chain. If successful, these claims can result in compensation for medical expenses and other damages suffered by victims.

Why Is a Lawyer Needed?

Product liability negligence can be difficult to prove because it requires an understanding of how products are designed and manufactured. If you think you’ve been injured due to a product defect and want to file a claim against the manufacturer or seller, you should contact an attorney who can determine whether your case has merit.

A product liability lawyer can help you pursue compensation for any losses you may have suffered due to a defective product. These losses can include medical bills, lost wages, and even mental anguish if your injuries are bad enough.

If the company responsible for selling the defective item refuses to compensate you adequately, they could face civil penalties from being sued by injured consumers. If you have been injured by a defective product, and get help to pursue compensation for your losses.

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