products liability law is the body of law that governs the rights and obligations of parties in products liability cases. The law is designed to protect consumers from injuries caused by defective products and to hold producers and sellers responsible for damages caused by their products. products liability cases can be complex, and the law is constantly evolving. However, there are a few basic principles that remain constant.
The Three Types of Claims
products liability law allows people injured by a defective product to recover compensation from the manufacturer or other responsible party. There are three main types of products liability claims:
- Defective Design
- Defective Manufacturing
- Failure to Warn
Each type of claim has its legal requirements, so it is essential to consult with an experienced attorney to determine which type of claim is appropriate in your case.
Product Defects in the Design
To prove design defects under a products liability claim, a claimant must show that the product was not reasonably safe for its intended use. This standard is typically evaluated by looking at the alternative designs that were available at the time of manufacture. If a safer alternative design could have been used, and the manufacturer failed to use it, then the claimant may be able to prove that the manufacturer was negligent.
Sometimes, the alternative design may not have been available during manufacture. In these cases, the claimant must show that the manufacturer did not use reasonable care in designing the product.
Defects During Manufacturing
A manufacturing defect is a flaw in the product that makes it dangerous to consumers, even when used as intended. To recover damages under a theory of manufacturing defect, the plaintiff must show that the defect caused the product to be unreasonably dangerous and that the defect was the cause of the plaintiff’s injuries.
Marketing Defects
Also known as “failure to warn,” marketing defect claims arise when a manufacturer or seller knows or should know of a danger associated with using their product, but fails to provide an adequate warning to consumers. For a plaintiff to succeed on a failure to warn claim, they must prove that:
- The manufacturer or seller knew or should have known about the danger.
- The danger was not apparent to the consumer.
- The consumer would not have been aware of the danger if they had been provided with an adequate warning.
Were You Injured by a Defective Product in Minneapolis?
Goldenberg Lauricella, PLLC is a personal injury law firm that has been representing clients in a variety of legal matters since 1986. Our products liability attorneys have the experience and knowledge to help you if a defective or dangerous product has injured you. We will work with you to assess your case and determine the best course of action to take to get the compensation you deserve.
If you are suffering from injuries or illness following an accident with a defective product, call us today at (800) 504-0281 or fill out our form online for a free consultation.