Understanding the Different Types of Product Liability Claims

In today’s consumer culture, companies aggressively compete to be the first to market with the latest convenience. Ideally, those products would be tested and vetted to ascertain and address the potential risk of injury, but shortcuts happen all the time. If you or someone you love has been injured by a dangerous or defective product, there are three specific types of claims you can pursue.

Defective Design of Product

An allegation that a product was defectively designed presupposes that, regardless of the quality of the materials used or the care with which the product was built or manufactured, there’s a design flaw that makes the product inherently unsafe. In a personal injury lawsuit alleging negligent design, the injured party must also show that a reasonable person would have been aware of the potential risk and would have remedied it or provided adequate warnings on the product. Examples of defective design include automobiles that are unreasonably subject to rollovers, or failing to provide a safety mechanism in a power tool.

Defective Manufacture of a Product

An allegation that a product was defectively manufactured can stem from a variety of circumstances, including:

• The use of substandard materials in the manufacture of a product
• Negligence or carelessness in the actual assembly or construction of the product
• Failure to monitor or supervise employees building the product

Examples of defective manufacture include automobile tires with substandard rubber, pharmaceutical products that have been tainted, or consumer products with broken or missing parts.

Failure to Provide Adequate Warnings

These types of claims usually involve products that can be dangerous if used in ways not obvious to the purchaser/user. Examples include a steam iron that leaks when held in certain positions or a chemical compound that has unknown health risks.

Contact Our Office

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.