When regarding product liability, one of three potential product “defects” guides the lawyer’s case. These defects are categorized into warning defects, manufacturing defects, or design defects.
The first among these, warning defects, applies to products on which a warning label fails to cover all hazards concerning the product. If a hairdryer does not warn the user about putting the product in water, any damage resulting from the use of a hairdryer in water creates product liability in the form of a warning defect.
A manufacturing defect occurs when the product is damaged or flawed during the creation process but is placed on a store shelf. These products, such as a chain with a broken link or a failure to watch the adhesion process in the creation of car tires, could cause anything from dissatisfaction to severe injury and as a result create the potential for product liability in the form of a manufacturing defect.
The final defect, a design defect, occurs when a product in and of itself is deemed inappropriate or dangerous. If an action figure has small parts resulting in a choking hazard, but is labeled for toddlers (2+ years), the product may not have any physical damage, but can result in serious injury because it was not designed for the age-group. The idea behind the product is considered damaging and could result in the recall of said product. If a product is considered inappropriate or dangerous, product liability in the form of design defect could be a potential avenue for legal action.
If you have been harmed by a product, you may have a case worth investigating. There are numerous checks to ensure the injury was indeed a result of a defect versus inappropriate use and a lawyer can help to determine if you have a legitimate claim. If you would like to talk with the lawyers at Blake Scoggins Law, we can help you with your case. Visit our website at Blake Scoggins Law or call us at 770-877-2258.
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