Innovations are changing the way we interact with the world around us. Smartphones, advanced cars, household appliance upgrades, and a new generation of gaming systems have taken the world by storm. With such high demand for the latest design or the next big thing, sometimes products rush through the safety testing phase and become defective. Injuries caused by products can cause a consumer to lose trust in the product and leave them struggling to handle the medical expenses and the emotional consequences. If you have been injured due to a defective product, you may be eligible for compensation. It is important to know what kind of defective product case you have. Here are the different types of defective product liability:
Design defects happen at the beginning of the planning period for a product. Usually, this means that the entire set of products will be flawed. If you received an injury due to the defective design of a product, you may be eligible for compensation.
Where Does the Liability Fall?
Usually, the manufacturer of the product would be held liable if, during the manufacturing process of the product, a foreseeable risk was apparent in the design but it was ignored. The plaintiff must be able to show the following in order to prove the negligence of the manufacturer:
- The product was designed as intended
- The design of the product provided a foreseeable risk of injury when used as intended
- The cost of remaking the product with a safer design would not have put the company in financial turmoil
- Safer modifications would have allowed the product to perform in the same manner but without the risk
- The plaintiff was injured by using the product as intended
There are certain industries where product design defects are highly possible. These products are the most at risk for developing a design defect:
- Structural products, such as a table or a chair, as the possibility of developing an uneven leg is high
- Toys for children that include small parts that are not attached to the product
- Produces a risk of choking
- Mechanical defects in cars or electronics
Manufacturing defects occur when there was a mistake in the manufacturing of a product. Manufacturing defects are usually within one of the products manufactured in a batch. This is either due to a computer error or an error on the part of the employee overseeing the construction of the product and then failure to catch the problem during testing.
Where Does the Liability Fall?
Liability once again usually falls on the manufacturer. This is due to the fact that the manufacturer allowed the mistake to pass inspection and move onto the plaintiff. The plaintiff needs to be able to prove that the injury was not caused by fault of their own. For example, if the battery of the plaintiff’s computer burst while they were using it, causing them burns, the plaintiff needs to show the busted battery. If the plaintiff was using the computer in ways that were not intended, such as placing the computer in extremely hot conditions to see how it would respond, then they would likely be liable for the accident, not the defendant.
Here are some of the most common examples of manufacturing defects:
- Defective or missing brake pads on brakes
- A chair with a cracked leg
- Medicine that was mixed incorrectly and now has harmful chemicals present
Warning Label Defects
The final type of defective product is the warning label defect. This is not restrictive to only warning labels on products but can also pertain to the instructions included with the product. Failure to warn consumers about the possible risks involved in using a product can lead to injury from a lack of precaution on the side of the consumer.
Where Does the Liability?
Liability, once again, usually falls to the manufacturer of the product because they failed to properly warn consumers of the potential risk. The plaintiff has to be able to show that the lack of proper warning caused them to use the product without caution and get burned as a result. They have to illustrate that since they were unaware of the risk, they were unable to act competently. An example of this would be a medicine that failed to warn consumers about the possible negative side-effects if mixed with a common painkiller (such as Advil).
Here are some common examples of failure to provide adequate warning:
- A travel cup that does not fare well with hot beverages
- Paint that may have harmful fumes when first applied
- Electronics that may cause epileptic seizures due to strobing lights
Injuries caused by a defective product can be serious. Don’t let a defective product caused you to put your life on hold. Contact the personal injury attorneys of Hernandez Law Group, P.C. to get aid in claiming the compensation you deserve. Juan Hernandez is one of the 2% of Texas Board Certified lawyers in personal injury law. As one of the best, you can rest assured that your case is in good hands. While you focus on recovering from your injuries, our team will be working hard to get you the compensation you deserve. Call Hernandez Law Group, P.C. today for a consultation.