Filing a successful defective products claim can be a complex process, particularly if you are not clear on the distinct legal theory your claim is based on. There are, of course, three distinct defective products liability theories these kinds of claims are based upon. They are: Defective Manufacture, Defective Design, and Failure to Warn.
This post will discuss the questions that arise from a defective product design when it leads to injury or harm.
A defect in a product’s design distinguishes it from a defective manufacture of a product because in this case all examples of the product will contain the defect in question. With a defective manufacture, the defect may have occurred in an instance of the product creation.
Defective design are the kind of claims that often lead to class action lawsuits. When a car maker, for instance, discovers that one of its models has been sold with a defective airbag, for instance, that may constitute a defective product design and entitle those injured by that defect to damages.
The assumption may be made that the manufacturer was unaware of the potential defect until well after the first car is sold. Yet that does not relieve the manufacturer and other entities within the chain of distribution from potential liability in resulting claim.
Another common example of defective design in products liability is sometimes seen in the toy industry. Often times, we’ll see manufacturers recall a toy for a small child because it’s inherent design creates the potential for smaller pieces breaking off and creating a choking hazard. In this case, the design flaw is common to all examples of the toy in question as opposed to one or more lots of the product where a mistake was made that diverged from the products intended design.
It’s important to note these distinctions in your claim. Courts cannot award damages based on legal theories that simply do not apply. That’s why it’s vital that anyone seeking to file a claim under products liability law consult an experienced personal injury attorney like those at Bizzieri Law Offices who understand the distinctions in defective products law, are able to determine the appropriate defendants in your claim (including distributors, marketers and even retailers in some cases), and assess the variety of damages to which you may be entitled.
If you have questions about filing a personal injury claim based on defective products liability, call our offices today at 773.881.9000. We will work hard to ensure you receive the damages you deserve in your case.