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What Kind Of Product Liability Claim Is Right For My Situation?

On Behalf of Thorsnes Bartolotta McGuire LLP
Oct 27, 2021

When you purchase a product, you are putting your faith in the manufacturer’s design and testing process. You trust that they will not have put a product on the market that could harm you or your family. Sadly, defective products injure consumers every day. If this happens to you, you may desire to bring a products liability lawsuit to seek compensation for your injury. But the type of suit you bring matters, and will depend upon the circumstances surrounding your injury.

Design Defect

If you bring a suit for design defect, you are alleging that the design of the product is inherently dangerous. In other words, the product did not malfunction, and it worked exactly as it was supposed to, but it still injured you because the manufacturer designed it in a way that is not safe.

Manufacturing Defect

This type of lawsuit alleges that, although the design was alright in theory, something went wrong in the manufacturing process. For example, maybe the materials used to build the product were weaker than they should have been, and they broke easily and unexpectedly, causing an injury.

Labeling Defect

Manufacturers have a legal duty to provide adequate warnings for consumers concerning any foreseeable danger or harm. These warnings must cover dangers inherent in using the product as intended, but they must also include warnings about the consequences of foreseeable misuse of the product.

If you suffer an injury due to your lack of knowledge about the risks of using the product, and the product didn’t have an adequate warning on the label, in the manual, on the packaging or another conspicuous place, you may have grounds for this type of lawsuit.

Justice demands that the party responsible for your injury provide you with adequate compensation, so that you can take care of your medical bills and other costs associated with your accident. The right kind of products liability lawsuit can be the best way to ensure that you get what you deserve – and that other people will not be harmed in the future by the same product.