What Are the Types of Product Liability Claims

If you or someone you love has been injured by a defective or dangerous product, you probably have many questions about your next steps. You may have a right to file a product liability claim to recover compensation for your injuries.

Product liability is a specialized field and product liability laws can be complex, so finding a product liability lawyer with experience and knowledge is important to the success of your claim. The team of lawyers at Regan Zambri Long, PLLC, have decades of experience and a history of success in this field and a long roster of satisfied clients.

What Is Product Liability?

Products liability is the branch of the law under personal injury (or tort law) that holds manufacturers of products liable if there was a defect in a product that they produced that caused an injury. Consumers have a right to assume that the products they use are safe and that they have been tested for risks before going on the market.

Who Is Responsible for the Defective Product?

Anyone injured by a dangerous product can recover damages. An injured party can even recover damages if they were not the person who purchased the product. Liability for a defective product can fall anywhere along the distribution chain:

• The product manufacturer.
• The product’s part manufacturer.
• The individual or entity responsible for the assembly of the product.
• The entity that installed the product.
• Wholesalers.
• The store that sold the product.

What Are the Types of Product Liability Claims?

Some common types of product liability are:

• Breach of warranty. Warranties are guarantees that a product will function the way it should. Warranties can be either implied or explicit, and if you’ve been injured by a product’s breached warranty, you may have a legal claim.
• Strict liability. Strict liability claims are claims that only need to show that the product had a defect, not that the manufacturer was negligent. This situation normally arises only with very dangerous products.
• Consumer fraud. There is a specific type of product liability claim for consumer fraud, or when a company knowingly misled or misrepresented what a product would do. If you suspect that your claim may be consumer fraud, you should consult with an attorney, as the law in this area is complicated and varies by state.
• Negligence. Negligence in product liability is similar to negligence in other areas of personal injury.

What Are Types of Product Defects?

Those injured by products in these circumstances may be entitled to compensation through a product liability claim against the manufacturer of the product. If you find yourself considering a claim, you should consult with an attorney with experience in these practice areas. Call us today to schedule a free consultation.

The main types of defects in products are:

• Defective manufacturing.
• Defective design.
• Failure to provide adequate warnings or instruction.

Manufacturing Defects

Manufacturing defects are errors that occurred during fabrication or flaws that arise in the manufacturing process. This often occurs because of a lack of quality control. Many defective products have flaws caused by a defect or deviation in the specifications of the design and other products manufactured in that line would not have the same flaw. In other words, this is a product that differs from all the others on the assembly line– the one-in-a-million defect.

A field where manufacturing defects often occur is food packaging. Without proper procedures and quality control, food can be contaminated and cause widespread problems.

Design Defects

Sometimes product designs are inherently unsafe. In this situation, the manufacture of the product does not matter because the product design itself is causing the issue. This often occurs when the costs of redesigning a product outweigh the benefits to the company. Many class action lawsuits against automobile manufacturers are based on design defects.

A field where this often occurs is in automobile design. Vehicles have a variety of safety defects, including:

• Airbags. When airbags fail in a car accident, the injuries can be serious and even fatal. Sometimes a defective airbag will deploy when it is not supposed to, which can also cause serious injury to the driver and passengers.
• Seat belts. Seat belt defects can include seatbelts unbuckling during travel, which can be very dangerous and increase the risks to the passengers.
• Electrical systems. Many modern cars have electrical components and defects in these systems can be disastrous.
• Brake failures. Brake failures can be very scary and could result in car accidents at uncontrollable speeds.
• Steering failures. Defects in steering systems can cause the driver to lose control of the vehicle.
• Tire failures. Issues with the tires can also cause drivers to lose control of the car and result in accidents.
• Fuel system failures. Problems with the fuel systems can cause leaks, which are dangerous and can cause fires.
• Windshield wipers. Improperly installed windshield wipers can cause visibility issues which result in accidents.

Failure to Provide Adequate Warnings/Instructions

The last type of product liability claim involves failure to provide sufficient warnings or instructions with details on the proper use of the product. This can be seen as a defect in the information provided. Manufacturers have a responsibility to publish clear information about risks and safety hazards. Manufacturers also have the responsibility to make sure these warnings are clear and in language that consumers can easily understand. If the risk is hidden, the warning must be adequate.

The most common type of failure to warn arises with medications and pharmaceutical drugs. The manufacturers must include warnings about other medications that cannot be taken with the product or will have adverse side effects. Medications also often face recalls and are removed from the market because they may be harmful to consumers. An estimated 4,500 recalls take place every year for drugs. Some of the most common drugs with side effects and continual lawsuits are Accutane, Actos, Effexor, Humira, Lipitor, Paxil, Pradaxa, Prozac, Reglan, Respitrol, SymVax, Yaz/Yasmin, and Zoloft.

A well-known example of a labeling defect in product liability claims is the McDonald’s hot coffee case. McDonald’s was sued after a customer spilled hot coffee, causing serious burns. After this incident, the woman filed a lawsuit against McDonald’s and the restaurant admitted that it did not warn its customers of how hot the coffee could be and how severe burns could be.

What Are the Elements of Strict Liability Product Liability Claims?

Product liability claims generally must meet four elements for strict liability to apply:

• The plaintiff must be a merchant. This means someone who routinely deals in goods of the type at issue. The plaintiff can also sue all the way up the distribution chain.
• The product must be defective. This can be any of the defects mentioned above: design, manufacturing, or labeling.
• No changes. The product must not have been altered since it left the control of the defendant. This means the product must have been moving in the regular chain of distribution.
• The plaintiff must be using the product in a foreseeable manner. Foreseeable use does not necessarily mean the main use. There are circumstances where is it foreseeable for a consumer to use a product in a certain way, and if this has risks, it is the duty of the defendant to warn the consumer.

What Are the Elements of a Product Liability Claim Based on Negligence?

• The defendant sells a product.
• The defendant is a commercial seller of the product.
• The plaintiff must suffer an injury.
• When the defendant sold the item, it was defective.
• The defect was an actual and proximate cause of the plaintiff’s injury.

What Damages Can I Receive in a Product Liability Claim?

You can be compensated for many kinds of damages in a product liability claim, including:

• Medical bills.
• Lost wages.
• Pain and suffering.
• Emotional distress.

When a product defect results in death, the surviving family members can file a wrongful death claim which allows them to be compensated for the loss of income of the deceased victim. This also allows the family to recover medical bills and funeral and burial expenses.

Why Should I Choose Regan Zambri Long, PLLC as My Product Liability Attorney?

If you or someone you love has been injured and you are considering filing a legal claim for your injuries from a defective product in the Maryland, Virginia, or Washington, DC areas, one of the many experienced lawyers on our team can help.

Our product liability lawyers understand how difficult product liability claims are and we know what is needed to succeed. Our attorneys have the knowledge and experience necessary to fight for your rights. Victor Long, a Senior Partner at Regan Zambri Long, has litigated product liability cases involving medication and pharmaceutical drugs. Long was given a patent for a warning label that was developed in a case involving an infant who was injured in a fire that was caused by a faulty extension cord. Attorney Long has also secured a $4.2 million payout in a defective playground equipment case in Washington, DC.

Our lawyers often operate on a contingency fee basis, meaning that they are compensated for their services only after you win, and the amount owed is based on the amount you win at trial. Call Regan Zambri Long today or contact us online for a free case evaluation