The Different Product Liability Claims
There’s a common misperception that all products that make it to the market have been sufficiently tested to determine whether they pose a risk of injury to consumers. That’s not necessarily true. In the rush to be the first to market, many product manufacturers take shortcuts, often with respect to any testing of the product.
When you have been hurt because of the malfunction of a product or because of exposure to a dangerous product, there are typically three potential types of legal claims you can file:
- Claims alleging defective design — An allegation of defective design contends that the designer failed to use reasonable care to determine whether the product as designed posed an unreasonable risk of injury or harm. Such a claim does not consider whether the product was properly manufactured.
- Claims alleging defective manufacturing — This claim alleges that, regardless of whether there was reasonable care in the design of the product, it was carelessly assembled, constructed, manufactured, fabricated or built. That may involve substandard materials, carelessness in overseeing the manufacturing process, improperly training the workers who manufactured the product or failing to properly inspect the product after manufacture.
- Claims alleging marketing defects (also known as a “failure to warn” claim) — An allegation of defective marketing centers on whether the product contained appropriate warning labels or instructions for proper use.
Contact Attorney Howard D. Popper
To learn your options when you have been injured by a dangerous or defective product, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.
We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.