When you purchase a product, you expect that it will work safely and in the way intended.
However, sometimes errors in product creation lead to defective products entering the marketplace
and ultimately hurting consumers. If you or someone you know has been injured by a defective
product you may have a claim for compensation. To learn more about your legal options after an
injury, call or contact the Rocky Mountain Personal Injury Center today to schedule a free
consultation of your case.
Types of Product Defects
There are three main types of defects that can be claimed in any product liability case: design
defects, manufacturing defects, and failure to warn. A design defect means that there is an issue
inherent in the design of the product that renders it dangerous when used as intended.
A manufacturing defect occurs when there is an error or deviation in the making of the product by
the manufacturer. Another way to think of manufacturing defects is that if the product were made
to its design specifications it would have worked as expected.
The final type of product defect is a failure to warn. This refers to inadequate warnings on the
product that are not conspicuous, understandable, or adequate enough to describe the potential
dangers when using the product.
Product Defect Claims
A person injured by a defective product can assert two types of liability claims in a defective
product lawsuit. The first is one of strict liability, which requires an injury victim to prove
that the product was unreasonably dangerous due to a defect in its design, manufacturing, or
warning label and as a result caused the victim actual injury.
The second theory of liability is one of negligence, which requires the victim to show that a party
involved in the making of the defective product failed to use reasonable care and as a result created a defective product. This could include the designer, manufacturer, tester, inspector, or distributor of the defective product.
What to Do after a Defective Product Injury
The most important thing to do after being injured by a defective product is to seek immediate
medical treatment. A healthcare professional can identify and begin treating your injuries as well
as create contemporaneous documentation about the extent of the harm caused by the defective
product. Next, you should keep the defective product as evidence in your case and keep all records
related to the incident. This can include a receipt of purchase of the product, medical bills,
property damage invoices, and more. Finally, you need to hire an attorney with
experience handling defective product claims and who can zealously advocate for you during
this difficult time.
Call or Contact Our Office Now
If you would like to speak with an expert in defective product law about your case, call the
office or contact us today at the Rocky Mountain Personal Injury Center to schedule
a free evaluation of your case.
