Victims may be entitled to compensation when a product fails to function as intended or causes harm due to manufacturing defects, design flaws, or inadequate warnings.

As a consumer, you have the right to expect the products you purchase to be safe to use. Unfortunately, this is not always the case. When defects occur, the consequences can be life-altering. Working with a skilled personal injury attorney is your best bet.

Defective Products: Types to Know

Not all product defects are the same. The legal system generally categorizes defective products into three main categories:

• Manufacturing Defects

• Design Defects

• Inadequate Warnings/Instructions

Let’s explore each one.

Manufacturing Defects

These happen when a product deviates from its intended design during the manufacturing process. In other words, the product may have been designed safely, but something went wrong during production, which resulted in a dangerously defective product.

Examples of manufacturing defects include contaminated food items, improperly assembled electronics, or poorly made car parts.

Design Defects

Unlike manufacturing defects, design defects are present from the beginning because of a flaw in the overall design concept. Even if a product is manufactured to the exact specifications, it may still be hazardous to consumers.
For instance, a vehicle prone to rollovers or a child’s play toy with small parts that pose choking hazards could be considered defective products.

Inadequate Warnings

Some products carry inherent risks. In these cases, manufacturers must provide clear warnings and instructions for safe use. If a product lacks appropriate warnings or fails to properly explain how to use it, consumers can be harmed.

Examples include medication without a clear dosage guide and power tools without proper safety and operational instructions.

Determining Liability in Defective Product Cases

Several parties could potentially be held liable when a defective product causes injury. Liability can fall on the manufacturer, distributor, retailer, or even the company that provided parts for the product’s assembly.

However, providing liability is often complex and depends on the type of product defect and the circumstances of the injury. To establish defective product liability in a personal injury case, you usually need to prove the following:

• The product was defective.

• The defect directly causes your injury.

• You were using the product as intended.

You must show that the product had a defect, but that’s not all. You must also demonstrate that the defect was the direct cause of your injury, which often requires testimony or a thorough investigation from a personal injury attorney.

Manufacturers often argue that the consumer misused the product, and therefore, the injury resulted from user error. So, you must prove that you used the product as intended when the injury occurred. An experienced personal injury attorney will help navigate the complexities of product liability law and work to hold the responsible parties accountable.

Personal injury attorneys handling defective product cases can also negotiate with insurance companies to maximize payouts or pursue legal action if negotiations don’t result in an adequate settlement. Personal injury compensation can cover medical expenses, lost wages, pain and suffering, and punitive damages for negligence or misconduct.

Steps to Take When Injured by Defective Products

1. Seek Medical Attention

2. Preserve Evidence

3. Document the Injury

4. Contact a Personal Injury Attorney

Keep detailed records of all diagnoses, treatments, and expenses related to the injury. Also, keep the product that caused the injury in its current condition, including packaging, instructions, and receipts. Do not attempt to alter or repair the product in any way, as it could weaken your defective product case.

Take photos of your injuries, if possible, and write down a detailed account of what happened. Discuss how you were using the product and describe any relevant circumstances. Then, contact the Dornan Law Team as soon as possible. Time is of the essence in personal injury cases because evidence can disappear or degrade, and statutes of limitations may apply.