What Kind of Personal Injury Cases Involve Product Liability?

Most of us use various products every day without thinking about them hurting us. Unfortunately, though, some of our products are defective and capable of causing serious injuries and even death. Still, it can be hard to tell whether the accident your product caused is enough to file a personal injury lawsuit for damages. In most cases, the reason for the product’s defectiveness is not immediately apparent to victims.

Because the cause of these accidents is difficult to determine on your own, it is best to have a Fayetteville, AR personal injury lawyer investigate where the flaw occurred. Some products are negligently designed. In other cases, the manufacturer poorly produces the item. Sometimes, a product is made as intended but does not warn users of its potential dangers.Whatever the situation, an attorney can help determine whether you deserve compensation when a product injures you.

What Are the Main Ways a Product Can Be Defective, and Who Can Be Held Liable in a Product Liability Claim?

While products can be defective in countless ways, product liability generally falls under one or more of three categories: design defects, manufacturing defects, and marketing defects.

Products with design defects are faulty from the start before the manufacturing process begins because the plans and specifications are flawed. In these cases, most, if not all, of the products will turn out defective. The manufacturer can assemble the product exactly as specified but still injures someone who uses it as instructed. Products might be designed without proper safety guards, include small parts that are choking hazards to children, or callfor chemicals to be used that are known to be harmful.

Many product liability cases arise because of a mistake during the manufacturing process rather than a defect with the initial design. A manufacturer might have assembled a product without a component that causes devastating injuries. In other cases, products are defective because manufacturers use substandard raw materials, like scaffolding made with weaker metals or contaminating consumable products with other chemicals not called for in the design.

Products are also considered defective if they have certain marketing defects. Suppose a product is designed and manufactured correctly. In that case, it is still defective if the manufacturer fails to provide reasonable warnings of the potential dangers and side effects of the use of the product. For a warning to be reasonable, instructions typically must be correct and thorough enough that consumers can understand them. Retailers can also be held liable for marketing defects if they misrepresent a product’s uses or intentionally make false claims.

Some Common Examples of Product Liability to Help You Determine if Your Case is Similar

It is not always clear whether a product caused your injuries, but a few real-world examples can help you recognize when you might have a case.

Accidents Caused by Vehicle Defects

Vehicle designs and their manufacturing is a complex process, so defects are common. In some cases, the vehicle or a safety feature is negligently designed, such as an airbag designed with propellants that explode when they deploy. Manufacturers can also likely be held liable if they knew the vehicle design had a flaw but made it anyway rather than slow the production process.

Other times, auto manufacturers negligently machine or assemble vehicles, such as installing a headrest improperly, making neck injuries more likely. Unfortunately, some manufacturers would rather save money than recall vehicles with known defects.

Injuries Caused by Household Products

Many of the household products we use can be dangerous if used incorrectly. If a household product lacked proper warnings or child-proof caps, you might have a claim.

However, some products have ingredients known to cause cancer and other life-threatening conditions to consumers even when they are used correctly. Certain weed killers, like Roundup, include glyphosate, which has been linked to several illnesses, including cancer. Baby powder has been known to include asbestos in its ingredients.

Pharmaceutical Products Liability

Pharmaceutical medications are another common product that harms consumers. In some instances, pharmaceutical manufacturers make a medication that contains carcinogens, such as Valsartan. Or, the medication might have caused injuries because it did not include warnings of potential allergic reactions.

Work Injuries Involving Defective Equipment

Many people are injured each year because equipment, like household tools and construction machinery,is designed or manufactured with faulty safety features. Power tools and saws without safety guards and personal protective equipment missing components are typical examples of defective equipment that causes accidents.

Discuss Your Accident with an Experienced Attorney to Know Whether You Have a Valid Personal Injury Claim

If you know or suspect that a product caused your accident, working with an attorney skilled in product liability cases is the best way to get compensation from those responsible. They know what evidence will help prove where the defect occurred in the production process based on their past experiences with and knowledge of similar cases. Your lawyers can also evaluate the damages your defective product caused, including financial losses and non-monetary harm, like pain and suffering.