When you buy a new product and start to use it, there is generally a degree of implied consent that you take on regarding the inherent risks that come with normal usage. However, there are times when the product fails to work in the way that you can reasonably expect it to, causing you an accident that leads to serious injuries. In certain instances, you have a right as a consumer and a victim to seek compensation from the responsible party (or parties) along the supply chain who are responsible for the defect that led to your accident.
What this means is that you will need to have a very clear understanding of what determines if an accident is user-error, or if it is the result of a failure on the part of the suppliers, manufacturers, designers, retailers, or anyone else involved in the steps that it took to get this defective product into your hands. In these instances, you are entitled to compensation for your injuries, the impacts that these injuries have on your life, and the suffering that you have needed to endure because of negligence or recklessness on behalf of the suppliers.
While speaking with lawyer Harrison from Harrison Law Group, P.C., we learned about the three defects that are clear grounds for a product liability case. In many instances, it can be difficult as a victim to determine exactly which defect you have been injured by, who is responsible for your injuries, and the rest of these important initial facts when initiating a claim. Working with a lawyer like Harrison is one of the best ways that you can make sure that you are moving in the right direction from day one.
Check the three cases
#1: Design Defects
This includes the actual design and the testing that went into the product that you were injured by. This type of claim will be based around the fact that the product was inherently flawed, and that by distributing this product the producer put you in a dangerous situation. For example, a chainsaw is inherently dangerous, and when you use one you are accepting the normal range of risks that come with the tool. However, a chainsaw with a bar that causes the chain to fly off because of its shape is a design defect and should have been addressed during testing.
#2: Manufacturing Defects
A manufacturing defect happens when a well-designed and properly tested product fails to meet quality control standards but is still sold as a normally functioning item. Typically a manufacturing defect will not be widespread, and instead will be specific to your defective product. Keeping with our previous example: if you have a chainsaw with a manufacturing defect such as missing screws or a weak bar that causes the chain to fly off, then this is the fault of the manufacturer failing to perform a quality check.
#3: Marketing Defects
A marketing defect may actually be the result of false marketing claims, but is more commonly the result of improper warnings and documentation provided with the product when you buy it. When a manufacturer fails to warn the user of the inherent risks associated with their product, this is considered a marketing failure. For example, if a chainsaw company does not provide any warnings about the risks that come with using this dangerous tool, or claims that it is “100% safe,” then the injuries caused by this product are a result of a marketing defect.