Types of Product Liability Claims

Personal Injury Attorney

In order to understand the types of product liability cases, you must first know what a product liability case is exactly. Product liability cases stem from incidents where an individual had been harmed by a product that is defective. If this happens, the harmed individual can seek a personal injury and product liability claims from several parties depending on the details of the case. The product manufacturer can be pursued, the distributor, or even the seller of the product itself. The way this is determined is based on the type of product liability claim you have.

Manufacturer error. This is the most common product liability and is based on the putting together of the product that caused the injury. The manufacturer of the product in question is held responsible for any damages if there was an error when building the product that happens to cause imminent damage without any user error, this would mean that the error actually occurred when the product was being created or built. For example, if you are involved in a car accident and your air bag, however, your vehicle is supposed to have airbags for situations like these, you strike the dashboard and endure more injuries. If they did not deploy because you later find out that they were never installed, for that reason, the manufacturer of the vehicle itself would be held liable.

Design error. This is something that the manufacturers could not prevent, because the design is made before they put it together. Using the previous example, lets say no air bags were included in the design of the vehicle at all, so of course the manufacturer did not include it. However, the year, make, and model of the vehicle require, by law, airbags to be installed. This is now a designer issue, which could also lead to a recall of these vehicles. If there were an accident and this issue caused damage, the designer would be seen as liable.

Another claim is warning label defects. Now in this same vehicle, air bags were not required, therefore not included in the design and not built by the manufacturer, but you were not told there were no airbags. This may become an issue for the seller, the manufacturer, and the designer of the vehicle.

If you believe you or someone you know has been a victim of a manufacturer, design, or warning label defect and have suffered an injury because of it, please contact a skilled personal injury attorney in Atlanta, GA to see what your options are regarding compensation for your damages.

Thanks to Andrew R. Lynch, P.C. for their insight into personal injury cases and types of liability.