Manufacturers and businesses have a duty to provide items to the consumer that will not cause harm. When a product does cause harm, the injury victim has the right to seek compensation for losses and injury.
Most product liability cases concern a product made for defective consumer use. However, food poisoning is also considered a product liability claim because the food was prepared for consumer use.
Dangerous products include:
- All products manufactured and sold to the consumer
- Components of a product that are sold to the manufacturer that later causes harm to the consumer
- Dangerous or defective medical equipment used for treating patients
- Dangerous medical devices used to help patients, such as replacement joints
- Dangerous medications
- Food poisoning
Design Flaws And Product Warning Labels
The most common cause of a defective product is a failure in the manufacturing process. However, other conditions may have caused the product to become dangerous. In most cases, a product liability case will fall under one of these categories:
Manufacturing Flaw
Manufacturers are held responsible for any flaws that occur when manufacturing a product. All the injured party has to show is that the item was flawed when it left the manufacturer and that the flaw caused the product to fail, leading to their injuries.
Design Flaws
Flaws in the product’s design should have been caught during product testing. The entire product line will be dangerous to the public if a product is released with dangerous design flaws.
Failure to Warn
If the manufacturer does not adequately warn the consumer of any potential harm that can come from using the product. Every business within the distribution chain knew there was a potential for danger when using the product and did not warn the consumer could be held liable.
Consumer Warnings
Product warning labels must inform the consumer of potential dangers that are associated with using the product. These labels must state the following:
- Any existing hazards from using the product
- The severity of that risk
- The effects of the potential hazard
- How to avoid the hazard
Warning labels must be placed so consumers can easily see and understand what they mean. They must be color codes – with red standing for greatest danger, and they must have the same “life expectancy” as the product itself so that anyone who uses the item will know there is a potential for harm.
Failure to notify the public of known potential harm through warning labels can make the manufacturer liable for any harm from using the product.
Do All Product Liability Cases Turn Into Class Action Lawsuits?
Product liability lawsuits do not always qualify as class action lawsuits. Injury victims that have sustained significant injuries and losses will do better to file a lawsuit on their own, even if a class action suit exists. Class action lawsuits are generally formed with hundreds of people or more injured similarly by a product. These lawsuits ensure that all of these people receive justice for their losses.
All Successful Claims Must Prove This
It is essential to remember that a product liability claim must show that the product was being used as intended when the injury occurred. You must have followed the directions and used the product for its intended purpose.
Speak With A Product Liability Lawyer About Your Injury Today
Product liability claims can be very complex legal issues. Manufacturers, distributors or wholesalers, and retailers can all be held liable for a dangerous product. Investigating the injury and who is responsible for that injury takes the knowledge and experience of a product liability lawyer.
Click Find a Lawyer to connect with a product liability lawyer in your area. Speak with an attorney about your injury and learn the next steps in filing a claim for compensation for your injuries and losses.