A Quick Review of Product Liability
When it comes to product liability claims, the good news is that every state more or less has the same laws. No matter where you live, the key is not just proving that the product is defective, but linking it to an injury or some other form of damages. If your claim falls into one of three categories, you should contact this office to further assess the nature and extent of your claim. In the meantime, make sure you understand the three types of product liability claims.
3 Types of Product Liability Claims
- Products that are defectively designed. This is not referring to just one product, but the design of all the products in the product line. If all products are manufactured to the precise instructions of the manufacturer, but the design is faulty, you may not be the only one filing a lawsuit. An automobile is a perfect example because of how many design features are involved in its manufacture, not to mention how many of those features can impact the safety of the driver. A defect in the design of an automobile will likely lead to a recall of all others like it.
- Products that are defectively manufactured. If your claim is based on a manufacturing defect, then our focus changes. We must zoom in closer. Your injury must be tied to a flaw in the manufacture of a single product – in other words, the difference between the product you purchased and others “on the shelf” or fabricated in the factory. For example, if your vehicle’s brakes fail, the claim would be based on how the brakes were manufactured and installed in that vehicle rather than the entire production line.
- Products that fail to provide adequate warnings or instructions. With this, the product in question may have been based on a flawless design. However, your safety and the safety of others may very well depend on its proper use. Proper usage depends on adequate warnings and instructions. For example, the handling of chemicals, should be accompanied by proper labelling.
The Cough Syrup Comparison
Cough syrup may seem harmless, but it just happens to be a perfect example that can be used to compare our three types of claims. If you ingested cough syrup from a bottle containing the same ingredients as any other, we would claim a design defect. However, if we could prove that your bottle contained some foreign substance that does not belong in the cough syrup, our claim could be based on the manufacturing of just that bottle. If the cough syrup comes with a warning label or instructions, our claim may just end up tying your injury to a danger those instructions failed to adequately warn you about.
Regardless of the nature of your injury, contact my office today so that we can determine what type of claim you have and whether it is viable to pursue.
Please be advised that this blog is for informational purposes only, is not legal advice and does not create an attorney-client relationship.
The Law Office of H. Benjamin Sharlin LLC
is owned and operated by H. Benjamin Sharlin and serves all of Mercer County, New Jersey and the surrounding areas. Mr. Sharlin is a bilingual Spanish-speaking attorney who vigorously represents the interests of all his clients.
Call (609) 585-0606 or click the button below to schedule an appointment