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Defective Product 101: Types of Product Liability Claims


Consumers purchase things they believe to be safe, often because it is assumed product manufacturers have reportedly done testing, followed protocol, and informed consumers of any potential risks or dangers. Unfortunately, as we have seen for many years and among many different types of products, dangerous products can still find their way into the marketplace, where they can cause serious harm to consumers who use them.

Fortunately, there are laws that protect the rights of consumers who have been harmed by defective products. This area of law, known as product liability, requires manufacturers, distributors, retailers, and others to take reasonable measures and precautions when making products available to the public. It is their legal duty to make and market safe products. When they fail to do so, and victims suffer harm as a result, these parties can be held fully accountable for their breach of duty and for the damages victims suffer, including any medical expenses, pain and suffering, and more.

If you or someone you love has been harmed by a defective product, you might be able to recover your damages by filing a claim against the manufacturer and/or other party that made the product available to you. Depending on the unique facts involved in your case, the type of product liability involved in your claim can vary.

The types of product liability claims include:

  • Defective Design – Some products are dangerous from their inception, even before the product is ever built. If a product is designed in a way that it can create hazards that injure victims, you may have the ability to file a claim over design defects. An example of a design defect may include a child’s crib that works and functions properly, but can cause children to get their heads stuck in between safety bars and suffer injuries. In this case, a different design in which the safety guards are more closely spaced could have prevented injuries.
  • Defective Manufacturing ­– Manufacturing defects are a common type of product liability claim that involve errors made during the actual manufacturing, assembly, or testing of a product. In many cases, this is the result of companies that place profits over people and attempt to save money by using inferior products or equipment during the manufacturing process when they knew or should have known alternatives were safer. It could also entail company employees who were not properly trained, poor oversight, and poor quality control standards when a product has been manufactured and before it is sent out to the public.
  • Improper Marketing – Marketing defects involve manufacturers that fail to properly market their product to consumers. This may involve erroneous or misleading marketing statements, improper labeling, a lack of instructions, or a failure to provide safety warnings about potential risks. This type of product liability is common in cases where consumers use pharmaceutical products or medications and suffer adverse effects that were not disclosed by the manufacturer.

At Scott H. Palmer, P.C., our Dallas personal injury lawyers have extensive experience protecting the rights of injured consumers who believed they were using safe products. Because product liability can be a complex legal area, and because manufacturers are typically large companies that use resources to fight personal injury claims, it is critical that you work with experienced lawyers who can help you level the playing field with Big Business.

Whether you or a loved one has been harmed as the result of a dangerous medication, defective auto part or faulty tire, or any other consumer product, our team is standing by to help you gain a better understanding of your legal rights and whether you might have a valid claim for compensation.

Contact Scott H. Palmer, P.C. for a consultation!

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