Have you been injured as a result of a defective product? If so, you may be able to recover damages in a product liability claim. Product defects fall into a broad area of the law, but each claim generally corresponds to one of three categories: defective manufacture, design defect, or failure to warn of potential risks/failure to inform of proper operation.
A Phoenix product liability attorney at Cullan & Cullan can offer insight related to the unique details of your case. With our considerable legal and medical experience, we are positioned to deliver real results in these challenging cases. Our team is not afraid of going up against manufacturing giants in the pursuit of civil justice for injured consumers.
To learn more, call (602) 900-9483 for a free consultation.
Looking at Defectively Manufactured Products
One of the most common forms of product liability involves a product that causes injury because it wasn’t assembled or manufactured properly. This type of liability refers to a product that’s flawed because there was a problem in making it.
For example, a piece of equipment improperly assembled during production. As a result, the product you purchased and were injured by is different from every other product on the shelf — or at least, is not created how the company intended.
The following are examples of a manufacturing defect:
- A slide with loose bolts
- A batch of food tainted with salmonella
- A car with misfiring airbags
The success of your personal injury claim hinges on proving that your accident was caused by a manufacturer defect. So, if you failed to properly assemble the slide or keep your food at the correct temperature, you can’t sue for damages. The injuries must be borne of someone else’s negligence.
Inherent Design Flaws
Defectively designed products fall under another classification of product liability. In this category, a product’s design must be fundamentally dangerous or flawed. These differ from defective manufacturer claims in that they’re not a result of a blip in the construction process, but an issue in the design of a product as a whole. In other words, an entire line of products may be dangerous, even though they were made specifically to the manufacturer’s instructions.
The following may be classified as an inherent design defect:
- A car with a high rollover risk
- An electric blanket that easily starts fires
- Sunscreen that doesn’t effectively protect against UV rays
Once again, your injury must be caused by an inherent design flaw. We often see these claims as class-action suits, since they affect an entire line of products.
Failure to Warn or Inform
Finally, the last kind of product liability is one in which a manufacturer or other entity fails to adequately inform of the risks associated with using a product or provide comprehensive instructions for use. These types of suits typically involve a situation where someone uses a product in a way that’s not obviously dangerous but results in injury nonetheless.
These types of situations are classified as failure to warn or inform. They may include things like:
- Medications that don’t inform of dangerous side effects when combined with alcohol or other medications.
- A corrosive cleaner that doesn’t warn the user to properly protect his or her hands.
- An electric product that doesn’t appropriately warn of the risk of execution if used improperly.
These types of claims hinge on the failure to adequately warn or inform. You can’t pursue a product defect claim just because you didn’t read the instructions. You must provide sufficient evidence that a company acted negligently.
Get Started Today with a Free consultation
If you’ve been injured as the result of a product defect, such as a pharmaceutical drug or medical device, you may be eligible to recover damages in a personal injury claim. Our Phoenix product liability lawyers at Cullan & Cullan are dedicated to helping injured consumers get settlements to pay for medical expenses, lost wages, and any loss in earning capacity.
To see if you qualify for a product liability claim, call our offices at (602) 900-9483 for a free consultation.