Types of Product Liability Claims

Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries or damages caused by defective or unsafe products.

If you've been injured by a defective product, you may have a valid product liability claim.

Three Types of Product Liability Claims

There are three main types of product liability claims: design defect, manufacturing defect, and failure to warn.

Design Defect

A design defect occurs when a product is dangerous due to a flaw in its design, even if it's manufactured correctly.

For example, a car might be poorly designed with a fuel tank that's prone to rupturing in a collision.

To prove a design defect, you must show that the design creates a danger that could have been avoided by a reasonable alternative design.

Manufacturing Defect

A manufacturing defect occurs when a product is designed safely but is manufactured incorrectly, making it dangerous.

For example, a pharmaceutical product might be contaminated during the manufacturing process, making it unsafe even though the design is sound.

Failure to Warn

A failure to warn claim occurs when a manufacturer fails to adequately warn consumers of known dangers associated with the product.

For example, a pharmaceutical company might fail to warn of dangerous side effects, or a tool manufacturer might fail to warn of the danger of a particular feature.

Who Can Be Held Liable?

In a product liability case, you may be able to hold responsible:

  • The manufacturer of the product
  • The distributor of the product
  • The retailer or seller of the product
  • Any entity that modified the product

Why You Need an Attorney

Product liability cases are complex and often involve technical evidence and expert testimony.

If you've been injured by a defective product, you need an experienced product liability attorney who can:

  • Investigate the defect
  • Gather evidence and expert testimony
  • Identify all potentially liable parties
  • Negotiate with manufacturers and their insurers
  • Represent you in court if necessary

Contact Irpino, Avin & Hawkins Today

If you've been injured by a defective product, contact Irpino, Avin & Hawkins for a free consultation.

Our experienced product liability attorneys can evaluate your case and explain your legal options.

Call us today at 1-800-7500-LAW or 504-525-1500.

Maria and Christina

MEET THE AUTHOR

K. Adam Avin

Since joining the firm in 2008, Adam has tried and settled hundreds of cases involving auto accidents, hurricane property damage, defective products, and wrongful death. He is fiercely dedicated to obtaining justice for his clients and navigating the nuances of multi-district tort actions and employment discrimination.

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