Three Types of Product Liability Claims You Can File a Lawsuit for
A significant number of personal injuries caused every year are the result of defective products. Right from defective airbags to furniture with toppling risks, a large number of defective products are sold to American people.
If you are also injured by a defective product of any type, you may have a claim for personal injuries against various parties, such as the designer, manufacturer, distributor, importer, or seller in the distribution chain that are liable for injury from a defective product.
If you live in Missouri, Attorney Jacob Esther is the personal injury attorneys with whom you would want to file a product liability claim.
Before you file a personal injury lawsuit, you should know that there are three different ways to approach a defective product liability claim, which are as follows:
Design Defect Product Liability Claim
This claim is directly based on the fact that the product design itself is defective and hazardous. You can demand compensation based on the claim that alleges that the product is inherently dangerous due to its design alone.
In other words, this claim is made for an injury caused by a product due to its hazardous design itself and not the error made during the manufacturing process of the product.
Manufacturing Defect Product
Liability Claim
Manufacturing defects are the most common types of defects that lead to product liability claims.
A lawsuit for a product liability claim based on a manufacturing defect alleges that, though the original design of the product is entirely safe, negligence or a mistake was made during the manufacturing phase that made the product unsafe.
A manufacturing defect occurs when the product is not made as per the original specifications and details provided by the designer and thus, the product fails to perform safely as the intended product would have performed.
Warning and/or Labeling Defect
Product Liability Claim
This claim focuses on a warning or labeling defect. The lawsuit for a product liability claim based on insufficient or absence of warning or labeling alleges that the product has some sort of inherent danger and the manufacturer of those products had a legal duty to warn of this danger but failed to warn. It is most common with prescription medications.
Strict liability based on incomplete or absence of warning applies to both avoidable and unavoidable unsafe products.
However, manufacturers are not required to warn of every possible risk or danger but only those that are be discovered in light of the generally recognized and prevailing knowledge available.
Hire a Personal Injury Attorney to Get Compensation for Injuries Caused by Defective Products.
People who have been harmed by defective products in any of the above ways must consider speaking to an attorney to seek the compensation they deserve. Filing a product liability claim can help you get compensation for various damages and injuries you could have suffered due to defective products such as medical bills, lost salary, and mental suffering.
Chances of winning a product liability claim heavily rely on the choice of a personal injury attorney. Thus, choose a personal injury attorney who has a history of success with lawsuits involving details similar to your case.
With the
right personal injury attorney, such as AttorneyJacob Esther in Missouri, you can rest assured that investigation of your
defective product accident, negotiation with the insurance company, determining
the highest compensation possible, and other crucial matters will be taken care
of.
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