Navigating Product Liability Claims
Product liability lawsuits can be complex and time-consuming. For over 45 years, Beasley Allen’s attorneys have represented plaintiffs in a wide range of product liability cases.
The U.S. Consumer Product Safety Commission (CPSC) estimates that defective products cause injuries, deaths, and property damage costing over $700 billion each year. Many of these incidents could be prevented if companies ensured their products were properly designed, manufactured, and marketed.
If you’ve been harmed by a product (excluding misuse), you can file a product liability claim for design defects, manufacturing defects, or failure to warn. Most claims come from three main industries:
- Transportation
- Industrial
- Consumer Goods
At Beasley Allen, we are dedicated to consumer safety and rights. We are committed to helping those harmed by defective products or unjust actions. Our attorneys work tirelessly to achieve just settlements or judgments for our clients. Our goal? To put ourselves out of business. By holding wrongdoers accountable, we strive to create a safer world for everyone.
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Jere Beasley Founder Montgomery, AL -
Cole Portis Personal Injury Section Head Montgomery, AL -
Greg Allen Lead Product Liability Attorney Montgomery, AL -
Graham Esdale Principal Montgomery, AL -
LaBarron Boone Principal Montgomery, AL -
Mike Crow Principal Montgomery, AL
Understanding Elements of Product Claims
When it comes to the products we use every day, safety is a top priority. However, sometimes products can be dangerous due to defects. There are three main types of defects that can make a product unsafe: design defects, manufacturing defects, and marketing defects. Let’s break these down to help you understand how they can affect you and what to watch out for.
Design Defects
Design defects are issues that exist from the very beginning, even before the product is made. These problems are inherent in the product’s design, making it unsafe for use. For example, if a car model is designed with a fuel tank that is prone to explosion upon impact, this is a design defect. The product is dangerous from the start, and no amount of careful manufacturing can fix this fundamental flaw.
Manufacturing Defects
Manufacturing defects occur during the production process. Even if the design is safe, mistakes made while making the product can result in a faulty item. For instance, if a batch of baby strollers is produced with a defective brake system due to a manufacturing error, this is a manufacturing defect. These defects can vary widely and may only affect certain batches of products.
Marketing Defects
Marketing defects involve problems with how a product is sold, including inadequate instructions or warnings. If a product does not come with proper usage instructions or fails to warn you about potential risks, it can be dangerous. For example, if a medication does not include warnings about possible side effects, this is a marketing defect. Proper labeling and instructions are crucial to ensure safe use.
Different Defective Product Lawsuits
If you’ve been hurt by a product, knowing the type of claim to file can make a big difference. In the U.S., most product liability cases fall into three main categories: negligence, strict liability, and breach of warranty. Breakdown below:
Negligence
Negligence claims in product liability cases happen when a company doesn’t take proper care in making or selling a product, and someone gets hurt because of it.
To win such a claim, you need to show that the company had a responsibility to ensure the product was safe, failed to do so, and that this failure directly caused your injury. This could mean the product was poorly designed, badly made, or didn’t come with enough warnings or instructions. Essentially, these claims are about proving the company didn’t follow safety standards, which led to someone getting hurt.
Strict Liability
Strict liability is different. Here, it doesn’t matter how careful the manufacturer was. If the product is defective and caused your injury, they’re liable. This makes it easier for consumers to win cases because you don’t have to prove negligence. However, strict liability usually doesn’t apply to second-hand products, like those bought at a yard sale.
Breach of Warranty
Warranties are promises about a product’s safety. There are two types:
- Express Warranty: Written guarantees, like those in manuals or ads.
- Implied Warranty: Unwritten promises that the product is safe for its intended use.
If a product fails to meet these promises and causes injury, you can claim a breach of warranty. This can apply to both written and implied guarantees.
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