When an unsafe product is put into the marketplace, the manufacturer is responsible for compensating consumers for any injuries that they suffer. This includes both their medical treatment and any consequential damages like lost wages or permanent disability. Product liability claims generally fall into three categories.
A design defect claim can be brought when a product is made in a way that is unsafe. Examples could include a ladder that wasn’t sturdy enough to remain stable, a power saw without a finger guard, or a kitchen utensil with an unnecessary sharp edge. One of the key questions that must be answered was whether the danger could have been reasonably avoided due to the nature of the product — a child’s toy is held to a much stricter standard than a power tool used in heavy construction.
A manufacturing defect claim is brought when a product wasn’t inherently unsafe but an injury was caused due to poor workmanship or the product not being built to spec. A product might fall apart during use due to screws not being securely tightened or might break because the factory substituted cheaper materials. Manufacturing defect cases are often legally complicated because steps taken to correct the defect may not be admissible in court so that manufacturers aren’t discouraged from hiding defects.
Failure to Warn
A failure to warn claim alleges that a manufacturer needed to provide instructions on the safe use of the product and failed to do so. Success typically requires establishing that a reasonable consumer would not necessarily have known how to avoid injury without an adequate warning.
To learn more about receiving compensation for an injury caused by a defective product or to schedule a free consultation, contact Sahar Malek Law, APC in Beverly Hills, CA, today.