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3 Types of Product Liability Claims

02.13.2017 by | St Petersburg

Product Liability Lawyers in Florida

Defective products cause thousands of injuries every year. From recalled automobiles due to defective airbags, to recalled pieces of furniture due to toppling risks, too many products that contain hazardous defects are sold to Americans.

If you are injured by a defective product of any type, you may have a claim for damages against the manufacturer, designer, or distributor of that products. However, before you file your lawsuit, it is important that you understand the three different types of product liability claims-

1. Design Defects

The first type of product liability claim is a lawsuit that is based on the defective design of a product. A civil action based on defective design alleges that the product is inherently dangerous based on its design alone, rather than an error made during the manufacture of the product. For example, a car that is top heavy – and therefore poses a high risk of rollover/tip-over – is an example of a defectively designed product.

2. Manufacturing Defects

Manufacturing defects are the most common cause of product liability claims. A lawsuit based on a manufacturing defect alleges that the original design of the product is completely safe, but that something happened during the manufacturing process to make the product unsafe.

For example, consider a set of tires: the tires themselves are designed to support the weight of a vehicle, resist punctures, and hold up against wear and tear – by accepted standards, the tires are safe for use.

However, during the manufacture of these well-designed tires, sawdust gets into the adhesive glue that is used to secure the tire together, resulting in a high risk of tire tread separation, tire blowout, and a serious accident.

3. Warning or/and Labeling Defects

In a product liability claim that focuses on a warning or labeling defect, the plaintiff alleges that the product had some sort of inherent danger and that the manufacturer of the product had a legal duty to warn of this danger but failed to do so. This is very common with prescription medications; a patient may take a certain medication, only to experience adverse side effects that were not disclosed by the pharmaceutical company.

However, warning or labeling defects can occur with nearly any type of product – consider the infamous McDonald’s hot coffee case, in which McDonald’s was sued after a customer spilled a hot cup of coffee on herself, suffering serious burns. The woman sued the fast food chain, who admitted that it had not warned customers of the nature and extent of the risk of serious burns from spilled coffee.

An Experienced St. Petersburg Product Liability Attorney can Help You

If you think that you may have a case against a manufacturer or distributor of a dangerous product that caused you injuries, please contact our law offices today. At the Dolman Law Group, our knowledgeable St. Petersburg defective product attorneys are here to advocate for you. 

Contact us online or at 727-222-6922 today.

Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712
(727) 222-6922