When a person is injured as a result of a faulty product, the consumer has the right to legal recourse. Known as product liability law, this type of civil action is designed to specifically address the issues of causation and blame with defective products.
There are three major types of product liability cases. These claims include defective manufacturing, defective design and failure to warn. All three allege fault on the part of the manufacturer or seller, but from three unique perspectives.
Manufacturing claims assert that the individual product the consumer used was faulty. Rather than suggesting that every similar product is defective, a plaintiff is this suit would instead be arguing that the individual product he or she received was defective, or a “lemon.”
Defective design claims, on the other hand, are based on the idea that the product, by design, is defective. A plaintiff in this type of action would argue that the very design of the product rendered it inherently dangerous. For example, if a lawn mower was designed without safeguards around its blades, a plaintiff could argue that it was defectively designed.
The third type of claim revolves around the idea of warning. A failure to warn claim, as it is known, suggests that the product should have come with warnings on how to properly use it in order to avoid injury. The idea with this type of claim is that not every product presents obvious risks and some consumers would benefit from explicit warnings on how to properly avoid these risks.
If you believe you or a loved one has been injured due to a defective product, contact the Sarasota County personal injury attorneys at Goldman Babboni Fernandez & Walsh for consultation.