Products that are defective can potentially lead to severe injuries and land you in a hospital for a long time. These products can be held liable for your injuries and, with the necessary details and evidence, you can build a claim to gain the compensation you deserve from the product’s manufacturers.
On this page, we will go through all the details you need to know to build a strong claim for compensation for an injury from a defective product. You will see the types of defects these products can have and what kind of compensation you can receive from injuries caused by them as well.
Product Defects Types
There are three particular types of defects a product can have that can cause injury and could be the basis of a personal injury claim. These three product defects are:
This has to do with the way a product is designed by the manufacturer and how safe that design is. An easy example of a design defect is making a product made for babies with small parts that are easy for the child to choke on.
Proving a product’s design is defective can involve a few different reasons, some of these reasons are:
- The product is dangerous when used for its intended purpose
- A safer design already exists
- The product can function similarly with the safer design
If you were injured by a product because of these reasons, you will likely have a claim for personal injury because of a defective design. The compensation you may receive will depend mostly on the severity of your injury.
If the product’s design is safe but was made differently from its original design by the manufacturer, this is considered a manufacturing defect.
Sometimes, these manufacturing defects can cause a safe product to become unsafe to use. If an injury occurs because of this defect, the product’s company or the manufacturing company could be held liable for that injury.
An example of a manufacturing defect would be something like a furniture store selling a sofa that is not assembled correctly. Someone could sit on this sofa assuming it is a normal product but it could fall over or break causing injury that the manufacturer is liable for.
To prove that there was a manufacturing defect you will have to prove that:
- The product is dangerous even when it is operated in its intended use
- If the product was manufactured correctly it would have been safe to use
- Your injury was because of this manufacturing defect
For those that have been injured and can prove it was a manufacturing defect due to the reasons above, contact an attorney as soon as possible to file a claim for product liability.
A marketing defect is when the company intentionally does not reveal any potential safety hazards that go along with using the product as intended.
If you ever wondered why many products you see have stickers or warning labels on them, it is because companies are required by law to clearly state any risks you may encounter when using their product.
This is a bit of a dated example, but let’s say that cigarette packs today did not come with any warning labels on them. Someone who uses them regularly will eventually show signs of some adverse side effects and potentially die because of the product.
With no warning label, that person or their loved ones can make a claim for product liability on the grounds that there was a marketing defect. Of course, there are tight restrictions for companies that sell potentially harmful products, especially, ones that sell alcohol or nicotine products.
To prove you were injured because of a marketing defect on a product you will have to show:
- The company knew of the potential risks the product carried or the risks were obvious
- The product’s intended use carries these risks
- These risks are not inherently obvious to consumers
- There were no warnings on the product despite these risks
- Your injury was because you were not warned or aware of these risks
Marketing defects can come in a wide variety of ways so be sure to consult a lawyer if you are unsure if you were injured because of a product’s marketing defect. The company could be liable for your injuries.
Compensation For Defective Products
If you can prove that a product had any of the three defects listed above, you could get compensation for these types of damages:
These damages can range from economic damages to non-economic ones as well. Some economic damages that you could be compensated for include things like medical bills, lab tests, and any income you lost because you were unable to work.
Non-economic damages can include things like the pain that was caused because of the injury or the lasting emotional effects that have affected your life because of the injury.
Punitive damages are a bit more rare and can only be compensated for if the company clearly tried to disguise the fact that their product was defective or that they intentionally made their product defective to do something such as generate profits.
These types of damages are typically much more serious and can result in much greater compensation for the injury victim and potential criminal charges against those responsible inside the company.
Contact Trusted Lawyers For Product Liability Cases
Product liability claims can be incredibly difficult to deal with on your own and most companies will not give you the time of day if you believe you’ve been injured by one of their products.
However, legal organizations such as Law Leaders can help you get the compensation you deserve for your injuries due to a defective product. Law Leaders has a team of dedicated lawyers that are experienced in these kinds of legal battles and are committed to helping Americans in need or legal representation for product liability cases.
Be sure to contact Law Leaders today for more information on how they can help!