You’ve probably seen the news stories lately about various brands of electronics from mobile devices to e-cigs overheating, catching on fire and even exploding, causing injuries to their users. When this happens, the manufacturer of the product can often be held responsible for paying for the damages you suffer, but it’s important to understand the kinds of liability claim that exist, and the strategies to take in each kind of claim.
Claims involving product defects can be tricky and complex. Learn about product liability, how defective product cases work, the types of lawsuits and how an Odessa personal injury lawyer can get you compensated.
Types of Product Liability
In general, there are three ways in which products fail, and the type of failure determines the claim you will need to file. These three forms of failure occur when there’s a defect in manufacturing, a problem with the core product design or the manufacturer fails to include enough in the way of warnings or instruction on the product’s use.
When the majority of a product line is just fine—even well-respected—and a couple of products catastrophically fail, this can be a case of a manufacturing defect. For example, let’s say you’re using a pressure cooker and it came from the factory with a crack that caused it, the first time you ever use it, to fail explosively and it causes damage and injury as a result. That crack could’ve been a problem with manufacturing, and you could have a case for damages.
Design defects affect an entire product line, not just one or two products. If a skateboard manufacturer designs a board that uses a new type of truck on their decks designed to be faster and more maneuverable, and these trucks show a tendency towards cracking and breaking, causing thousands of kids to fall and injure themselves, this is a core design defect.
Instruction and Warning Failure
Have you ever used a product that carries warnings about how it’s to be used? Any time there’s a potential danger of misuse that could cause harm, the manufacturer has a responsibility to provide adequate instructions for its use as well as warnings of the potential danger.
Consider a topical cream that could be highly toxic if ingested. There’s no warning on the package to this effect, and as a result, someone decides to use it to treat a sore in their mouth. They then become poisoned. This is a failure to warn.
Odessa Personal Injury Lawyer
When you are injured by a defective product, pushing a successful product liability claim through requires the services of a qualified Odessa personal injury lawyer. Such lawyers know how to fight insurance company payment avoidance tactics and make sure that your rights are protected. If you have found yourself in this situation and aren’t sure how to proceed, call the attorneys at Robert White for a free consultation about the details of your case, and get started on the road to justice today.