At the center of every defective product claim is a product that caused personal injury. In these cases, the aggrieved party can sue various parties, such as the manufacturer, distributor, seller and other entities in the chain of distribution of the product. There are three main types of claims in these cases.
Design Defect
This is a defect in the design of a product that renders the product dangerous when it is manufactured to specification. Design defects can range from improperly designed safety guards on power tools, to negligently designed medical devices, including hip and knee replacements, to improperly designed pharmaceutical products that cause injury when ingested by humans. Under this theory of liability, the product as made is defective and dangerous.
Manufacturing Defect
A manufacturing defect occurs when a product is properly designed, but was improperly manufactured or fabricated, rendering it dangerous to users and others. Tainted food, vaccines and medicines that contain foreign objects and contaminants are examples of manufacturing defects. Additionally, motor vehicles with improperly affixed component parts may give rise to a manufacturing defect claim.
Failure to Warn
Some products are potentially dangerous if they lack proper warnings or instructions for safe use. These products must carry warnings to prevent injury from dangers that are not open and obvious. When these products cause injury, there may be a basis for a failure to warn claim. The McDonalds hot coffee case, Bayer Yasmin and Yaz contraceptives, and the Riddel “Revolution” football helmet are notorious products liability lawsuits that alleged failure-to-warn, among other legal theories.
If you have been injured by a defective product, the law limits the time for you to file a lawsuit. Contact us to speak with an experienced NJ product liability lawyer or schedule a free consultation.
