When you think of a personal injury claim, car accidents and falls may first come to mind. However, personal injury claims are not limited to motor vehicle accidents and premises liability - they also include harm you have received from a defective product you used at home or at work, known as products liability. The causes of the defect may be from the product's design, manufacturing or marketing.
Before the product became a tangible object, it was just a design. A dangerous, poor-quality or improperly tested design can lead to an unsafe product. In this case, because the design is flawed, all the products are likely to cause harm. However, just because a product is harmful does not mean it is defective. Some objects, such as tools, require a degree of danger to do their jobs.
Sometimes the design is not at fault, but the manufacturer introduces a dangerous mistake in the construction process, even if the error was unintentional. Examples of such mistakes include:
- Using low-quality materials
- Putting the product together carelessly or incorrectly
- Accidentally contaminating the product
- Not meeting quality assurance guidelines
Usually the manufacturing error only affects some of the products, not all. This type of error is the least common and the most difficult to prove. It applies to both the manufacturers of the individual parts and to those who assembled the final product.
Contrary to the name's suggestion, this does not refer to false advertising or unethical marketing practices. Rather, it concerns unclear instructions or missing warning labels on the product that would help the consumer use it properly and safely to avoid injury. This type is an example of negligence and requires thoroughly examined proof of fault.
Product liability claims
You can still qualify to file a claim even if the product comes from a top-notch company that usually creates or supplies superior goods. Personal injury from a defective product is considered a strict liability, meaning that even if the designer, manufacturer or retailer showed the utmost care, the responsible party is still liable for any defects. The accountability holds true even if you did not buy the product but borrowed it or received it as a gift.
Because it may be difficult to determine whether or not you have a lawsuit, you may benefit from consulting a personal injury attorney. An experienced lawyer may know how to approach your case and get you sufficient financial compensation to pay for the consequences of your injury.