Product liability cases can result in significant economic and non-economic losses. Possible medical expenses, lost earning potential, and discomfort are among these losses. Claims for product responsibility may be made using strict liability or negligence theories. Severe liability claims involve defects in a product’s design, manufacturing or marketing.
Defective Design
In a design defect claim, a plaintiff seeks compensation from a manufacturer for a dangerous product that poses a foreseeable risk when used for its intended purpose. This type of claim generally requires proof that the manufacturer could have adopted a safer alternative design that would have still performed its intended function. It differs from negligent manufacture or marketing claims, which involve allegations and proof of actions taken or not taken during a manufacturing or selling process. For a defective design claim, you need to prove the flaw in the original product design before it is made and sold to the public.
A product manufacturer is liable for defects in the design of their products under strict liability theory. This theory holds companies accountable regardless of their efforts to make their products safe. It would help if you also established that the risks of the defective design outweigh its benefits. If not, you might not be able to get compensation for damages. A legal team like Berry Law located in Nebraska, can conduct a comprehensive investigation to find the responsible party and gather all relevant evidence. Additionally, a lawyer can guarantee that your claim covers all potential damages and assist you in avoiding making costly errors. Injury-related product liability claims in Nebraska must be submitted within four years after the incident. However, you and your family only have two years to file a claim if the product flaw leads to the death of a loved one. Compared to personal injury cases, wrongful death claims have a shorter statute of limitations.
Defective Manufacturing
Defective manufacturing is when a product strays from its intended design, leading to injury. It could be something as simple as a bottle of medication that becomes contaminated with harmful bacteria or as complex as an IVC filter that breaks inside the body and causes severe injuries. However, manufacturers must perform adequate research and tests on their products to ensure they are safe for consumers. It is also important for them to display any safety precautions on their products and not remove or turn off those safety precautions in a way that makes the product more dangerous. Product liability law requires all parties along the supply chain to be held liable for defects. It includes the manufacturer of parts, an assembling manufacturer, the wholesaler and the retailer who sells the product to the consumer. In strict liability cases, the plaintiff doesn’t need to prove that the defendant acted negligently.
Marketing Defects
While product liability laws focus on how a business brought a product to market, companies can be liable based on their marketing and warnings. It is often seen with products that require specific instructions or have inherent risks, such as knives or ladders. This type of case involves a failure to provide proper labels, directions or warnings for use. It can include anything from a lack of information about the side effects of medications to misleading statements about a product’s safety. In a marketing defect claim, it is necessary to show that the product was unsafe for its intended purpose or foreseeable uses. It is different than proving negligence, as these cases typically involve strict liability rather than the need to prove that any particular act played a role in the defect’s formation. Fraudulent concealment claims are also considered part of this category. It is when a manufacturer or provider conceals information to mislead consumers.
Failure to Warn
Regardless of whether a claim is based on strict liability or negligence, a product owner is responsible for providing a consumer with adequate warning about a potential risk associated with a particular product use. Usually, this warning will appear on the packaging or in a manual included with the item. Manufacturers and suppliers must also warn about dangers that could arise from unforeseeable uses of their products, even if those risks are not obvious. For example, if you stand on a chair not designed to support people standing on it, you might suffer injuries. However, a manufacturer can escape liability in this type of case by showing that it did not know about the risk. It must be shown that it would have discovered the risk by taking steps that a reasonable manufacturer should have taken, such as conducting tests or monitoring sales. For example, a toy with small buttons that come loose and lead to choking is a good candidate for a failure-to-warn claim.