Personal and Product InjuryThe Three Types of Product Liability Claims

February 19, 2021by kwsm0
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In the United States, product safety has been an increasing area of focus for public health officials ever since lead paint and popcorn ceilings began to adversely affect the general population. However, the concept of product safety – and consequently, product liability – reaches much further than that. 

In fact, if you are injured by a product that you have purchased, you will likely have one of three separate options when submitting a product liability claim. Read below for more:

Defective Manufacturing

Defective manufacturing is the idea that while the product’s original specifications were indeed safe for use, there was a flaw during the manufacturing process which led to your injury. A great example of this would be if you had bought a chair that is rated to hold more than you weigh, but after sitting down, it breaks and leads to a falling injury as a result. The break was due to an error during the manufacturing process where they didn’t tighten the screws and bolts enough for everything to hold itself together. You had every right to trust in the chair’s safety assertions, but because of improper manufacturing procedures, you’ve been left injured. 

Defective Design

The next type of product liability claim we’re going to cover is defective design. This one is a bit different than defective manufacturing because it wasn’t built by mistake. Instead, the original design of the product itself actually led to consumer harm or injury. A common example of this would be if you had bought a toy for your child, but the toy was made using harmful chemical materials included in the plastic of the product. As a result of direct contact with the chemicals while using the product as it was intended, your child becomes sick. Though the producer may not have intended the faulty or dangerous design of its product, there was an oversight that led to injury – and that entitles the injured party to a claim. 

Failure to Provide Adequate Warnings or Instructions

The third type of product liability claim is based on the failure to provide adequate warnings or instructions for the end-user. This means that while the product was built safely and without defects, there wasn’t enough information provided to let the consumer know how the product was intended to be used, or if there were any additional dangers that would need to be cautioned against. Let’s say that you bought a lava lamp – but there were no warnings or instructions saying that the lamp had a chance of overheating after six hours of use. Unknowingly, you leave it plugged in overnight, and the product gets so hot that it shatters. This leaves you with burns and even glass injuries as a result. Because the product had no such warning to protect consumers against this harmful outcome, the case could be made that the producer was at least partially liable for your injuries. 

Contact Gokal Law

Have you recently experienced a product injury as a result of producer negligence? You may be entitled to a case. Contact Alison Gokal of Gokal Law Group, Inc. Our team will diligently investigate your claims, interview witnesses, and give you the support you need to win your case. The sooner you contact us, the more effective we are at getting you the justice you deserve.

Gokal Law Group is a family firm that treats our clients as if they were our own flesh and blood. We fight for our clients as we would our own children, sisters, brothers, and parents. We are our clients’ Warriors, fighting to bring them justice and right the wrongs they have endured.

Each attorney has a specific practice area for which they are tried, tested, and battle-ready. Each has vast years of experience in their practice area, providing them the knowledge, skills, and vision to fight and win. Learn more about Gokal Law Group.

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In the United States, product safety has been an increasing area of focus for public health officials ever since lead paint and popcorn ceilings began to adversely affect the general population. However, the concept of product safety – and consequently, product liability – reaches much further than that. 

In fact, if you are injured by a product that you have purchased, you will likely have one of three separate options when submitting a product liability claim. Read below for more:

Defective Manufacturing

Defective manufacturing is the idea that while the product’s original specifications were indeed safe for use, there was a flaw during the manufacturing process which led to your injury. A great example of this would be if you had bought a chair that is rated to hold more than you weigh, but after sitting down, it breaks and leads to a falling injury as a result. The break was due to an error during the manufacturing process where they didn’t tighten the screws and bolts enough for everything to hold itself together. You had every right to trust in the chair’s safety assertions, but because of improper manufacturing procedures, you’ve been left injured. 

Defective Design

The next type of product liability claim we’re going to cover is defective design. This one is a bit different than defective manufacturing because it wasn’t built by mistake. Instead, the original design of the product itself actually led to consumer harm or injury. A common example of this would be if you had bought a toy for your child, but the toy was made using harmful chemical materials included in the plastic of the product. As a result of direct contact with the chemicals while using the product as it was intended, your child becomes sick. Though the producer may not have intended the faulty or dangerous design of its product, there was an oversight that led to injury – and that entitles the injured party to a claim. 

Failure to Provide Adequate Warnings or Instructions

The third type of product liability claim is based on the failure to provide adequate warnings or instructions for the end-user. This means that while the product was built safely and without defects, there wasn’t enough information provided to let the consumer know how the product was intended to be used, or if there were any additional dangers that would need to be cautioned against. Let’s say that you bought a lava lamp – but there were no warnings or instructions saying that the lamp had a chance of overheating after six hours of use. Unknowingly, you leave it plugged in overnight, and the product gets so hot that it shatters. This leaves you with burns and even glass injuries as a result. Because the product had no such warning to protect consumers against this harmful outcome, the case could be made that the producer was at least partially liable for your injuries. 

Contact Gokal Law

Have you recently experienced a product injury as a result of producer negligence? You may be entitled to a case. Contact Alison Gokal of Gokal Law Group, Inc. Our team will diligently investigate your claims, interview witnesses, and give you the support you need to win your case. The sooner you contact us, the more effective we are at getting you the justice you deserve.

Gokal Law Group is a family firm that treats our clients as if they were our own flesh and blood. We fight for our clients as we would our own children, sisters, brothers, and parents. We are our clients’ Warriors, fighting to bring them justice and right the wrongs they have endured.

Each attorney has a specific practice area for which they are tried, tested, and battle-ready. Each has vast years of experience in their practice area, providing them the knowledge, skills, and vision to fight and win. Learn more about Gokal Law Group.