If someone is injured by a defective product, they may have grounds to file a lawsuit against the manufacturer, wholesaler, or distributer, depending on the type of defect. The two primary categories of product defects under federal law are design defects and manufacturing defects.
Manufacturing defects are caused by an error in assembly and are not intended to be part of the product. This type of defect will typically only be found in a small percentage of a company’s manufactured goods. Based on the theory of strict liability, a manufacturer is liable for any manufacturing defects that occur as a result of faulty construction, regardless of whether they took care throughout the manufacturing
process. The plaintiff needs to prove that the defect allegedly responsible for their injury was present at the time of departure from the factory where the good was produced.
Design defects are flaws in the original blueprint of a product that causes it to be unreasonably dangerous and creates a hazard for potential users. This type of defect will typically be found in all of a company’s manufactured products. Three questions are asked to determine whether a design defect exists:
● Was the product’s design unreasonably dangerous prior to production?
● Was it plausible to anticipate the design of the product could harm a potential user?
● Could the manufacturer have used a superior design that was economically feasible and would not alter the purpose of the product?
If any of these questions are answered affirmatively, the injured party may have grounds for a design defect claim and should contact one of our attorneys as soon as possible.
A products liability lawsuit can also be brought for a manufacturer’s failure to warn of potential risks. Any party in the chain of distribution can be liable if warnings or instructions could have prevented injury from foreseeable risks or if the warnings themselves, when followed properly, caused the injury.
The American National Standards Institute (ANSI) is the organization responsible for maintaining rules and regulations for safety symbols and product safety signs and labels. According to the ANSI, a warning label should:
● Inform the consumer of existing hazards
● Inform the consumer of the severity of the risks involved with the particular product
● Inform the consumer of the effects of the hazard
● Inform the consumer how to avoid the hazard
A warning should be highly visible and positioned as close to the area of the hazard as possible.
There are generally three types of products liability cases: negligence, strict liability, and breach of warranty. If you have a potential products liability case, call the experienced attorneys at Andal Law Group today to schedule a free consultation.