There are accidents happened as a result of misuse, overuse and underuse of a product, usually the fault lies on the manufacturer or the victim's failure to adhere precautionary standards. This field is called product liability and anyone who get injured because of the misuse, overuse and underuse without initial precaution, then a claim must be filed.
The product liability case typically involved a plaintiff suing the distributor, maker, manufacturer, supplier or company that makes the said defective product. Most of these cases are handled at the state level. The lawyer who is representing the plaintiff must not only prove that the product is defective but the said defect in the product has caused injury to the victim.
However, just like the real scenario, the defendant typically claims that his product has no defect and that the plaintiff just used it incorrectly. Manufacturers or makers are expected to foresee uses for a product, while making sure these uses will not result to injury nor death.
But product defects can occur anytime. From the time it was manufactured and after it has been on the market for many years. Since defects can be found in multiple products, the product liability claim can have multiple plaintiffs like the mass tort.
Product liability consists several field, namely; manufacturing defects, design defects and failure to warn the users. So, let's start with manufacturing defect.
Manufacturing defects occur during the manufacturing process or production, as this pertains to low quality materials used and construction. As for this cause, an error occurred in creating this specific product, and as a result, the product that is purchased may cause an injury different from others who are purchasing on the same shelf. A manufacturing defect lawyer in this case, needs to prove that the particular defect or error in the product resulted in an injury to the plaintiff.
This is considered as a more widespread problem. The defect in design makes products extremely dangerous and useless when compared to the standards of manufacturing. As a result, the whole product line poses danger to many customers. For these cases, the lawyer must prove that the injury sustained is caused by defective design of the product and not the plaintiff's incorrect use.
Failure to Warn
This failure to warn instance falls directly to the responsibility of the makers or manufacturers. The failure to warn pertains to the products with less obvious dangers but the tendency of injury may be lessened from a warning instruction or black label provided in the said product. When a slightly dangerous product does not come with directions and instructions on how to use it properly will turn out potentially dangerous product to the users.
The above three types of product liability cases are not really the what we called legal claims. But they fall under the context of negligence that includes strict liability, breach of contract or warranty and other consumer protection claims.
If you suffered the above three product liability cases, do not hesitate to file a claim for the damage has caused to you by the negligent manufacturer.