If you’ve been injured from a defective product, you may be eligible
to file a defective product liability claim. The claim you file may fall
into one of three categories of product liability, and understanding these
categories can help determine the validity of your claim. In this blog,
our North Carolina personal injury attorney explains the three types of
product liability claims:
Defectively Manufactured Products
A defectively manufactured product is perhaps the most obvious type of
claim. If you’ve sustained an injury from a product that was flawed
as a result of how it was made, your claim falls under the category of
a defectively manufactured product. In these cases, you must prove that
your injury was caused directly from the manufacturing defect, and not
from user error. Examples of a defectively manufactured product include
a swing set with a cracked chain pads or a tainted batch of cough syrup.
Defectively Designed Products
Claims filed in the category of defectively designed products include products
where the design is inherently dangerous. When there is a defect in the
design of a product, it makes the entire line of products dangerous, even
if the product met the manufacturer’s requirements and standards.
A design defect claim can include a type of sunglasses that fail to protect
individuals from UV rays or a line of electric blankets that can electrocute
the user when turned on.
Failure to Warn
Failure-to-warn liability claims cover products that fail to provide the
user with warnings or instructions on how to use the product properly.
These claims involve products that are dangerous in a way that is not
obvious to the user such as a paint-removing chemical that’s sold
without adequate instructions for use. Warnings are typically required
if the product presents a danger, the manufacturer is aware of the danger
or if users are at risk of injury even if they use the product in its
Twiggs, Strickland & Rabenau has been successful in pursuing products
liability cases throughout North Carolina. If you’ve suffered injuries
from a defective product, call our North Carolina personal injury attorney
at (919) 701-8132 to learn more about your case.