Manufacturer’s have a duty under the law to exercise care in the design and manufacture of products they market and sell to the public. Product liability claims usually fall into one of three categories: product design defects, failure to warn claims, or manufacturing defects.
- Product Design Defects: These type of products liability cases center around whether the product in question, as designed by the manufacturer, was designed defectively. Specifically, if, in the normal functioning of the product as designed, a danger unknown to the user is created, a manufacture may be liable for all injuries that are caused as a result.
- Failure to Warn: Manufacturers have a duty to exercise reasonable care and warn users of any known or foreseeable dangers, unknown and undiscoverable to a users, that might occur from the normal use of a product. Failure to warn consumers of known dangers may result in manufacturer liability.
- Product Manufacturing Defects: Manufacturers are also responsible for products that are defectively manufactured. Whereas a defective design case focus on the broader picture and asks whether the product as a whole was defectively designed, defective manufacturing cases focus on the specific product bought by the injured consumer and ask whether that particular product was defectively manufactured. One of the main elements a user must prove in defective manufacturing cases is that the product in question was defective when it left the custody and control of the manufacturer.
Products liability cases can arise as a result of a number of different scenarios. Some notable examples are poorly tested cars or auto parts, negligently constructed tires, poorly designed heavy machinery, baby toys that contain toxins, poorly constructed or designed ladders, household items that can catch on fire without warning, air bags that don’t work, etc.
If you or someone you know has been seriously injured or lost their life as a result of a defective product, call a products liability attorney at Philips Branch & Hodges today to learn about what your rights and options are under the law. Corporations and Insurance companies know that Philips Branch & Hodges has the legal experience and financial resources to fully research, investigate, and litigate your claim. Call us today for your free consultation.