Types of Liability and Injury Lawsuits for Defective ProductsFiled under Personal Injury
It’s awful when you’re in an accident and someone else is responsible. When a defective product causes your injury, however, it can be even worse. Who do you hold responsible? You know you were using the thing properly, but then the unthinkable happened.
When this occurs, it’s known as a product liability case, and you can get compensation for your injuries, but pursuing damages requires a bit of know-how. Learn the different types of injury lawsuits you might encounter related to defective products, and when a Las Vegas product liability lawyer can help.
Types of Defective Product Claim
In general, there are three different types of case that can arise from product defects. Knowing which type of product claim you’re pursuing helps you to determine what strategy to take, how to approach the claim and what evidence you need to gather. These types of claims include:
- defective manufacturing claims
- defective design claim
- failure to warn or instruct.
Defective Manufacturing Claims
The most common kind of product defect, defective manufacturing arises when for the most part a product line is solid but something happened during the manufacturing process that caused one or two specific items to malfunction. If, for example, you’re using a ceiling fan which has a crack in the housing, and that crack causes the fan to break loose, causing an injury, that’s potentially defective manufacturing.
Defective Design Claims
A defective design claim, on the other hand, affects an entire line of products. This means that there was some core flaw in the basic design of the product that can cause it to catastrophically malfunction and cause injuries.
Recently, there have been reports of certain lines of electronics—mobile devices, e-cigs and the like—which have been prone to overheating and exploding. These can be traced to core design defects.
Failure to Warn
Failure to warn or provide adequate instructions is the final potential form of product defect. In this type of case, there is a core danger inherent in using the product, which can be avoided if used properly. However, it’s up to the manufacturer to warn users about this proper use.
Consider the case of a prescription medication where there is inherent danger from overdose. If there’s no warning, or instructions on the label about the proper dosage or dangers, and the user overdoses by accident, a failure to warn claim may result.
Las Vegas Product Liability Lawyer
When you’re subject to an injury resulting from a defective product, you’ll need to prove negligence to some level on the part of the manufacturer. You might be amazed at the tactics insurance companies use to avoid paying these claims, from tricking you into signing away your rights, all the way up to flat-out bullying tactics. They might even try to shift the blame onto you.
That’s why it’s important to secure the services of a Las Vegas product liability lawyer who can gather the right evidence and make sure your rights are protected. If you have suffered this kind of injury, better call Paul of Paul Padda Law at 702-366-1888, for a case evaluation and to start on the road to compensation today.