Faulty or defective product? Here’s three types of product liability claims explained

Any product you buy should be safe for its intended purpose. If you are injured or disadvantaged by a faulty or defective product, you may be entitled to compensation.

That’s where product liability comes in, it refers to the responsibility of retailers, manufacturers, and distributors to ensure that the products they sell are safe for consumers. If a product is found to be flawed, those involved in the making and selling of the product can be held liable for any injuries or damage arising from the product.

There are three main types of product liability claims, including defectively manufactured products, defectively designed products, and failure to warn or instruct. 

Defectively Manufactured Products 

A defectively manufactured product is, as its name suggests, flawed because of some error in making it. Maybe a machine used to put the product together wasn’t working properly, and as a result some of the products created on the assembly line had a manufacturing defect. Those products are dangerous when put to an ordinary, expected use. 

Examples of a defectively manufactured product include: 

• A playset with a crack that injures a child or a building set with magnets that separate and cause injury or death if ingested
• Contaminated food that causes sickness or death
• A lawnmower with a defect that causes the motor and blade to turn on unexpectedly

Defectively Designed Products 

In a defective design case, a product’s faulty design makes it dangerous or defective. A faulty defective design claim alleges that because of a flaw in the way the product was designed means the entire line of products would be considered dangerous. This makes the product unsafe, even though it was made according to the manufacturer’s specifications. 

Examples of a defectively manufactured product include: 

• Sunglasses that fail to protect the eyes from ultraviolet rays
• A car that has a tendency to flip over when turning corners 
• An electric blanket that can electrocute the user when turned on high

Failure to Warn or Instruct 

A failure-to-warn claim often involves dangers that aren’t obvious to the user, or a product that requires the user to take special precautions or be especially diligent when using it. 

Examples of a Failure to Warn or Instruct claim include: 

• A cough syrup that doesn’t warn about drug interactions if taken in combination with other common medicines
• An electric kettle that does not have sufficient warnings about its oddly positioned steam valve
• A cleaning product which causes burns to the skin, that’s sold without adequate warnings or instructions for use. 

Product liability claims can be complex, so it’s important to work with an experienced lawyer who can help you navigate the legal process. 

The team of skilled public and product liability experts at Maliganis Edwards Johnson can help you get the compensation you deserve. 

Don’t delay! Submit a FREE claim check or contact the team on 1800 570 778, or via our contact form online.