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Defective Product Claims Explained

Defective Product Claims Explained

| Nov 19, 2014

As consumers, we use products continuously throughout the day. From the cars we drive and the car seats we strap our children in to the tools we use and the toys our children play with, we come into constant contact with products that we have purchased from stores and online.

When we purchase products that are produced by large manufacturers, in exchange for our money, we expect these products to be reasonably safe and free from unknown defects or hazards. But, you would be surprised to learn just how many products are released on the market, only to be recalled by the Consumer Product Safety Commission, the U.S. Food and Drug Administration, and the National Highway Traffic Safety Association each year.

What is product liability?

Product liability is an area of law where manufacturers, distributors, suppliers, and retailers who release products on the consumer market are held liable for the injuries or deaths those products cause. In the United States, there are three major types of product liability claims:

  1. Design defects: These occur when the product's design was inherently defective and therefore dangerous. No matter how carefully the product was manufactured, a design flaw renders the product unsafe.
  2. Manufacturing Defects: Manufacturing defects involve the manufacturing process and usually involve cheap materials or poor workmanship.
  3. Marketing Defects: These "defective marketing claims," are also referred to as the failure to provide adequate warnings or instructions. Marketing defect or failure to warn claims generally assert that the product was dangerous in some way that was not obvious to the user, and that the product lacked adequate warnings or instructions.

By understanding these three major types of product liability claims, you will be in a better position to identify your product liability claim. If you were injured or suffered other damages because of a defective product, you may have grounds for a product liability claim. In order to bring an action, you will need to prove the following elements:

  • You were injured or suffered damages
  • The product is defective
  • The defect was responsible for your injury
  • You used the product as it was intended

To become more familiar with recent Consumer Product Safety Commission recalls, we recommend you visit their website; however, just because a product has not been recalled does not mean that it is not dangerous or defective, or that it won't be recalled in the future.

If you or someone you love was injured by a defective drug, automobile, toy, or other product, we urge you to contact a South Carolina personal injury attorney from George Sink, P.A. Injury Lawyers. As a consumer, you have rights, but it may take the assistance of a skilled injury lawyer to successfully go up against a large manufacturer or distributor. Nobody should ever have to suffer because of a company's negligence. Let us fight for you!

Call (888) 612-7001 to learn about our free consultations and contingency fee arrangements!

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