Product liability claims are an essential aspect of consumer protection, ensuring that manufacturers and sellers are held accountable for any damages caused by defective products. In this blog post, we will discuss the three major types of product liability claims and provide tangible tips to help you protect yourself from potential harm. By understanding these claims, you can take steps to ensure your safety and seek compensation if you have been injured by a faulty product.
Manufacturing defects occur when a product is not made according to its intended design, resulting in a flaw that makes the product dangerous or unfit for its intended use. These defects can arise from errors in the manufacturing process, such as using the wrong materials, poor quality control, or faulty assembly.
- Tip: Always inspect new products for any visible defects or damage before using them. If you notice anything unusual, contact the manufacturer or retailer to report the issue and request a replacement or refund.
Design defects involve a flaw in the product's design that makes it inherently dangerous or unfit for its intended purpose. In these cases, the product may have been manufactured correctly, but its design poses a risk to consumers. Examples of design defects include products that are prone to tipping over or catching fire, or products with sharp edges that can cause injury.
- Tip: Research products before purchasing them to ensure they have a history of safety and reliability. Look for reviews and ratings from trusted sources, such as Consumer Reports or the U.S. Consumer Product Safety Commission.
Failure to Warn/Inadequate Warnings/Marketing Defects
Failure to warn, or inadequate warnings, occur when a product does not include sufficient instructions or warnings about potential risks and proper usage. This can lead to consumers unknowingly using the product in a dangerous manner or failing to take necessary precautions. Examples include medications without clear dosage instructions or products without proper safety warnings.
- Tip: Always read and follow the instructions and warnings provided with a product. If you are unsure about how to use a product safely, contact the manufacturer for clarification or seek guidance from a knowledgeable professional.
Protecting Yourself and Seeking Compensation
If you have been injured by a defective product, it is important to take action to protect your rights and seek compensation for your injuries. Here are some steps to follow:
- Preserve the product and any packaging, instructions, or warnings that came with it. This evidence may be essential in proving your claim.
- Document your injuries and any medical treatment you receive. Keep records of doctor visits, prescriptions, and any other expenses related to your injury.
- Contact an experienced personal injury attorney who specializes in product liability claims. They can help you navigate the legal process and ensure you receive the compensation you deserve.
At Basch & Keegan LLP, our experienced team of personal injury attorneys is dedicated to helping clients in Kingston, NY, and the surrounding areas with their product liability claims. If you have been injured by a defective product, we can help you understand your rights and guide you through the legal process. Contact us today for a free consultation to discuss your case and learn how we can help you get the compensation you deserve.