461924321A product liability case arises when someone along the chain of manufacturing or distributing a consumer product is responsible for damage caused by the product. Parties that can be held accountable through a product liability lawsuit include the manufacturer of component parts, the designer, the wholesaler, or the retail storeowner. In order for someone to successfully bring a product liability claim, he or she must show that the product contained an inherent defect that resulted in harm to the user.

Design defects
One of the first elements to prove in a product liability case is that the product was defective. A design defect is inherent, meaning that the defect existed before the product was even manufactured. Even if the product accomplishes its purpose, a design defect can still exist if using the product creates an unreasonable danger or safety hazard. An example of a design defect is a car that has a tendency to flip when the user is turning the corner.

Manufacturing defects
A manufacturing defect refers to an error in the making of the product. If a product is defectively manufactured, the creation of the product led the particular item to cause harm to users. For example, a food item contaminated with a toxic substance is considered a manufacturing defect.

Marketing defects
A less common type of product defective refers to a situation in which the creator of the item failed to provide adequate warnings or instructions about safely using the product. In order to win a failure-to-warn claim, the plaintiff must show that the product is dangerous in a way that isn’t obvious to the user. An example of a failure-to-warn defect includes a type of cough syrup that doesn’t contain warning about its dangerous side effects when taken in combination with other common over-the-counter medications.

If you’ve suffered injuries from using a defective product, you may have grounds for a personal injury claim. Walter K. Schreyer is a New Jersey attorney with more than 35 years of experience handling legal matters. To schedule a consultation with The Law Firm of Walter K. Schreyer, call (201) 383-4256.