Types of Product Liability Cases

September 20, 2017 — by Mark T. Flickinger, JD
Tags: Product Liability Personal Injury Wrongful Death

Recall buttonIf you have recently suffered an injury as a result of a product, it may be the result of defective equipment. In such cases, our lawyers at Flickinger Sutterfield & Boulton can file a product liability case to help you seek maximum compensation from the manufacturer for your injuries.

Our personal injury lawyers have more than 50 years combined experience and have handled all types of product liability cases for our Salt Lake City, UT clients. We are fully equipped to handle your personal injury lawsuit.

Here, we discuss the three most common categories of product liability cases. Each of our lawyers is not only familiar with these categories, but will help you determine whether you have a valid claim. Before proceeding with your case, they will first need to determine if the product was defective, your injury was the result of the defect, and you were using the product as intended. 

Manufacturing Defect

With a defectively manufactured product, it is deemed unsafe, dangerous, or unfit for use due to an error made during the assembly process. This could be the result of carelessness, poor quality materials, or substandard workmanship. A product with a manufacturer defect must be different from others on the shelf; if it had been correctly made it would have functioned properly.

Types of manufacturing defects include:

  • Missing brake pads
  • Poor quality mechanical parts or materials
  • Outdated components
  • Incorrect electric circuitry installation
  • Mismatched, incompatible parts

Design Defect

While the outcome may be the same with a manufacturing defect and a design defect, a product with a design defect is deemed unsafe due to an error with the overall design. Products with a design defect are dangerous no matter if the manufacturing process is flawless. In this particular case, it must be proven that the entire batch is defective and injuries occurred even though instructions were followed correctly. Types of design defects include:

  • Toys that are a choking hazard for children
  • Products that are flammable or melt even though heat is required
  • Products that are structurally unstable and known for tipping, flipping, or unable to hold the weight limit listed
  • Products with toxic or dangerous substances
  • Cars with mechanical defects, such as airbag or brake failure

Warning Label Defect

In this case, an injury was caused as a result of the manufacturer failing to include sufficient warning labels or instructions with the product. By law, manufacturers are required to include detailed and specific warnings or dangers for consumers, in addition to instructions for how to use the product.

In this type of product liability case, the lawyer must prove that the injury occurred even though the instructions were followed, or that the warning label was incomplete. Examples of warning label defect include:

  • Unclear or incomplete instructions for how to use the product
  • Warning label was inconsistent with the product’s use
  • Incomplete food or medication label
  • Inaccurate expiration date

Contact Us

If you have been injured as a result of a defective product, please contact our law office today. One of our experienced personal injury lawyers will help you understand your rights and seek legal action on your behalf. You can reach us by calling (801) 370-0505 or filling out our online form to schedule your free consultation.