Product liability claims can arise when a product is responsible for causing injury or harm to a person, which can be due to various factors such as the product's design, manufacturing, or marketing defects. These claims can be quite complex and may be difficult for a layperson to handle. The required elements to prove a product liability claim can differ depending on the jurisdiction and the type of product that is involved.
1. Defective Product
The first element for a product liability claim is a defective product. A defective product can be due to a design defect, a manufacturing defect, or a failure to warn. A design defect is present in the product from the outset, whereas a manufacturing defect occurs during production. A failure to warn occurs when the product lacks proper labeling, instructions, or warnings. The plaintiff must show that the defect caused the injury to prove a defective product.
2. Knowledge of Defect
Knowledge of the defect is the second element required in a product liability claim. The plaintiff must show that the defendant knew or should have known about the defect and did nothing to correct it. This element is essential in failing to warn cases because manufacturers must provide adequate warnings about the product's dangers. If the manufacturer knew about a defect and failed to warn consumers, the manufacturer could be liable for any resulting injury.
3. Injury or Harm
Finally, the last element of a product liability claim is injury or harm. The plaintiff must show that the defect in the product caused the injury. This element can be challenging to prove because the plaintiff must show that their injury directly resulted from the defect and not due to another cause. For instance, if a person is injured in a car accident, it may be challenging to determine whether the injury was due to a defective seatbelt or the accident itself.
4. Types of Product Liability Claims
There are three types of product liability claims: design defects, manufacturing defects, and failure to warn. A design defect is a flaw in the product's design that makes it unsafe for its intended use. A manufacturing defect is a flaw in the product that occurs during the manufacturing process. A failure to warn occurs when the manufacturer fails to provide adequate warnings about the product's dangers. Each type of claim has its own requirements and can be difficult to prove.
Product Liability Lawyer in Bryan-College Station
At Paradowski Law, we understand the complexities of product liability claims and are committed to helping our clients navigate through the legal process. Our experienced attorneys can provide you with personalized guidance and representation to ensure your rights are protected. Contact us today at www.paradowskilaw.com to schedule a consultation.