What Are The Different Types Of Defective Product Liability Claims?

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One common type of personal injury is a defective product claim. This can be very scary because you could be using any type of product like a hair straightener, an easy-bake oven, or a lawnmower and get an injury. Perhaps you followed the instructions when setting up the item but still ended up with mild to severe/life-threatening injuries. These could be lacerations, cuts, burns, and loss of limb. When this happens, your injury might not be your fault at all. Personal injuries from defective products can result in lost wages, pain and suffering, high medical bills, and more. For further information on defective products, read on.

What Are the Categories Of Liability?

When dealing with defective products, there are usually three different categories. These are:

  • Defectively Designed Products
  • Defectively Manufactured Products, and
  • Products that do not Have Proper Instructions or Warnings

Defectively Designed Products. In this type of a product, the actual design of the product was dangerously designed. This means that an entire line of these products could be inherently dangerous even if the product was made following the exact process and specifications required through the manufacturer. Common design defects are:

  • Car models that typically have the tendency to have engine problems or flip over
  • Hair straighteners that can catch fire if turned up too high.
  • Refrigerators that cannot keep items cool enough to store.

The injury you sustained must specifically have been caused by a design defect. Thus, if you accidentally burned yourself using the hair straightener with the design defect because you touched the metal part, you would not have a case. However, if you were burned because your defective straightener caught fire, then you would have a case.

Defectively Manufactured Products. These types of products are usually flawed because there was a problem when the product was being made. This could have happened at the factory it was created in. This does not mean there is a problem with the entire line of products, though. For example, if a ladder you bought had a cracked step in it, you must show that your injury was caused by the manufacturing error. You would need to prove that you slipped and fell or injured yourself somehow due to the cracked step.

Products That Do Not Have Proper Instructions/Warnings. This can happen when a product does not have the appropriate warning or instructions. For example, if you use a household cleaner that is hazardous when it encounters your skin but there is no warning to use gloves, your injury was a result of a lack of warning.

What Can I Do If I’m Injured Because Of a Defective Product?

If you are injured due to a defective product, you have grounds for a personal injury claim. Remember to document exactly what happened that caused your injury. If you have any further questions regarding defective products and personal injury, get in contact with an product liability lawyer Charlottesville, VA offers, don’t hesitate any longer.



Thank you to our friends and contributors at MartinWren, P.C. for their insight into defective product injuries and personal injury cases.