Defective product liability claims arise from defectively designed products, defectively manufactured products or products that lack an appropriate instructional or warning label. In order to pursue a product liability claim, you must demonstrate that your injury is a direct result of one of these types of defects. If you do believe your injury is a result of a defective product, contact a personal injury lawyer from Lewis & Keller, proudly serving the Winston-Salem, N.C. region for over two decades.
Product Liability Because of Defective Designs
Defectively designed products are those that are inherently faulty, despite being correctly manufactured. They are poorly designed, so they are bound to fail regardless of whether the manufacturer made them correctly according to the specifications. Because these products were defectively designed, all products of that specific design should share the same defects.
In order to pursue a product liability claim of this nature, you need to prove that the defective product caused your injuries. These kinds of products can be dangerous, such as sunglasses that do not adequately protect your eyes from ultraviolet rays, electric blankets that electrocute their user when they turn them on or certain cars that tend to flip when turning corners.
Products That Were Defectively Manufactured
Products that were defectively manufactured were properly designed, but there was a flaw or error when the product was actually being made. Manufacturer defects should only apply to the items that were made improperly, rather than to the entire line of products as is the case with design defects.
Again, you must prove that the product’s flaw caused your injury in order to pursue a product liability case. Products with manufacturing defects include a scooter with missing brake pads, a batch of medications tainted with a toxic substance or a set of tires lacking the treads.
Products Without Appropriate Instructions or Warnings
Products that lack adequate instructions or warnings may warrant a failure-to-warn claim if you are injured as a result of a lack of information. Products that require special handling or certain precautions need labels and instructions to inform future users of possible dangers that are not obvious to them.
In order to pursue these kinds of claims, you must demonstrate that your injury would have been prevented had the product provided you with proper warnings and instructions. Products warranting a failure-to-warn claim include cleaning chemicals that are sold without instructions for proper use and handling, pain medications lacking a label warning the consumer that they could have harmful side effects when taken with other drugs or even a tea kettle sold without a warning regarding the unique position of the steam valve.
Consult a Personal Injury Lawyer for Your Product Liability Case
If you have been injured as a result of a defectively designed product, a defectively manufactured product or a product lacking sufficient instructions or warnings, you may be entitled to compensation. Seeking legal counsel is always recommended, as these cases can be particularly tricky when it comes to clearly demonstrating that the defect itself caused your injury. Contact an experienced personal injury lawyer at Lewis & Keller to represent your case and fight for the compensation you deserve.