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3 types of defective product claims

Every year, defective products sold in the United States cause countless injuries — and sometimes death. Sadly, with victims ranging from young infants to full-grown adults, no one is ever truly safe from these dangerous products.

However, victims of defective products and their families may be able to seek legal recourse for any injuries sustained or damages suffered by filing what is known as a product liability claim. While there are a broad range of product liability claims, most fall into one of three specific categories:

  • Design defects: Design defects make products inherently unsafe and are present in the product from the start, even before it is manufactured. For instance, if a piece of furniture is designed too tall and narrow with no support or mountings — meaning it is prone to tipping over — it may be considered to be defectively designed.
  • Manufacturing defects: Defects that occur during the manufacturing process can also result in severe injury. This would include a situation in which an entire batch of child’s cough syrup contains a tainted/poisonous substance.
  • Inadequate warnings: If a product has a potential or known safety risk, the company should include proper safety instructions or adequate warning labels. If they don’t, they may be liable. For example, if a toy has small parts that a child may attempt to swallow, the manufacturer or retailer will likely add a choking warning to the packaging or instructions.

Depending on the specific circumstances of your injury and the type of defect involved, many different parties may be legally accountable. For example, companies that actually make or design defective products are typically liable for manufacturing or design defects. Conversely, retailers and possibly manufacturers may be responsible if an injury is due to inadequate warnings.

However, as mentioned above, every situation may be different, which is why it is always best to seek experienced guidance should you have any questions.

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