If a product that you used caused you injuries or other damages, you may be able to file a defective product liability claim. You’ll most likely be filing one of the three most common types of these claims — defective manufacture, defective design or failure to provide appropriate instructions or warnings.
Along with proving that the product you used was defective, you’ll also need to prove that it caused your damages. To ensure that your claim is filed accurately, consult a personal injury lawyer at Peter N. Davis & Associates.
Defective Manufacture Claims
If you are injured while using a product that was manufactured incorrectly at the factory, you may be entitled to a defective manufacture claim. Defective manufacturing only applies to your one product, since it has a defect and is different from other products of the same kind. In order to win your claim, you must be able to prove that the defected product directly caused your injury.
Defective Design Claims
Unlike defectively manufactured products, defectively designed products are made properly at the factory according to the manufacturer’s specifications. The issue lies in the product’s design itself causing the product to be defective or dangerous. Because it is an issue with the design, all products designed the same way are affected. Again, you will need to prove that the product’s defect caused your injury.
Failure To Provide Instructions Or Warnings
Products that do not provide appropriate instructions or warnings may also be subject to a defective product liability claim since they could cause harm to the user in unanticipated ways. If you were injured as a result of inadequate instructions or a lack of a warning label on a product, you have the potential to file a claim.
Differentiating Between The Types Of Claims
Determining which claim best suits your situation may not always be so straightforward. Here are some examples of each type of defect to help you differentiate between them.
- If you get sick by taking medication from the store that was accidentally contaminated with chemicals at the factory, you could file a defective manufacture claim.
- If you take uncontaminated medication from the store that causes you to have a stroke, you would want to file a defective design claim since its normal ingredients caused you harm.
- If you take medication from the store and have an adverse reaction when you combine it with your other medications, you are entitled to a claim if the medication did not have a label or warning about combining it with your other medication.
Keep in mind that in order to win your claim, you must be able to prove that these defects directly caused your injuries.
Contact A Personal Injury Lawyer
Those seeking assistance after being injured by a defective product should seek legal assistance from an experienced personal injury lawyer. The experts at the Law Offices of Peter N. Davis have been serving New Jersey for almost three decades, and we’re to help you get the compensation you deserve out of your product liability claim.