Defective Product Claims: Your Rights Explained
If a defective or dangerous product injured you, you may have a product-liability claim. The three types of defects, what you must show, and how to start.
If a defective or dangerous product injured you, you may have a product-liability claim against the manufacturer, distributor, or seller. These claims hold companies responsible for putting unsafe products into people's hands.
The three types of product defects
- Design defects — the product is dangerous as designed, even when made correctly.
- Manufacturing defects — an error in production made this unit unsafe.
- Warning defects (failure to warn) — the product lacked adequate instructions or warnings about a known risk.
What you generally need to show
That the product was defective, that the defect caused your injury, and that you were using the product in a reasonably foreseeable way. You typically don't have to prove the company was careless — many product claims are based on strict liability, meaning a defect is enough.
Common product claims
Defective auto parts, appliances, tools, children's products, and medical devices; dangerous drugs; and toxic-exposure cases. Many of these are litigated as mass torts.
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