Product liability involves injuries caused by faulty products. This type of claim can vary expansively. Some examples of product liability include car accidents caused by a defective part, electrical injuries from bad wiring, pharmaceutical poisoning because of tainted medicine, and more. In cases like this, the manufacturer of the product is held responsible for injuries caused by their product.
Three types of product liability cases
Cases involving product liability can be complex, but they are possible to win. At The Rubin Law Firm, not only are they possible, they’re one of our specialties. In order to have a real shot at winning your case, injuries caused by product defect has to fall in one of three categories:
- Manufacturing Defect. Is the injury a result from materials or ingredients that were tampered with or failed to meet quality standards?
- Design Defect. Is the injury a result of a product that caused unnecessary harm (like side effects) in its original, natural, and untampered state?
- Marketing Defect. Is the injury a result of insufficient instructions or warnings?
If you can answer yes to any of the above questions, you most likely have a product liability case. It may be natural to focus on the injury itself, but the key is to prove the injury was a result of a product that was in fact defective. Cases in which the injured person intentionally used the product apart from its intended purpose, didn’t pay attention to the label or instructions, or deliberately attempted to cause harm will be thrown out.