If you have been injured or suffered other damages because of a product you used, you may have a defective product liability claim. The Law Offices of David M. Cohen, P.A. in Florida will guide you through the process in filing your claim. Though the range of defective product cases is broad, the claims typically fall into three categories of product liability: (1) defective manufacture; (2) defective design; or (3) failure to provide adequate warnings or instructions concerning the proper use of the product.
Understanding these categories will help you to determine whether you have a valid claim, as well as the strategy to use in presenting your case.
When it comes to the basic types of defective product claims, every state has essentially the same basics laws, spelled out below. Keep in mind that for each of these claims, you must show not only that the product was defective, but that the defect caused your injury.
Defectively Manufactured Products
Perhaps the most obvious type of product liability claim is when the injury-causing product was defectively manufactured. A defectively manufactured product is flawed because of some error in making it, such as a problem at the factory where it was fabricated. As a result, the injury-causing product is somehow different from all the other ones on the shelf.
Examples of a manufacturing defect include:
- a swing set with a cracked chain
- a tainted batch of cough syrup containing a poisonous substance, or
- a moped missing its brake pads.
In each case, the injury must have been caused by the manufacturing defect. So, if you misjudged a curve, drove off the road, and injured yourself while riding on the moped with the missing brake pads mentioned above, you would only have a manufacturing defect claim if you could show that the missing brake pads — not your poor steering — caused your accident.
Defectively Designed Products
In the second type of product liability category, a product’s design is inherently dangerous or defective. Defective design claims do not arise from some error or mishap in the manufacturing process, but rather involve the claim that an entire line of products is inherently dangerous, regardless of the fact that the injury-causing product was perfectly made according to the manufacturer’s specifications.