Product liability is a broad term that covers many types of legal actions. It includes manufacturers, distributors, retailers, and other parties in the chain of commerce who are responsible for injuries or damages caused by their products. If you have been injured by a defective product then you may be entitled to pursue compensation through the civil court system.
This article will discuss four types of product liability: design defects, manufacturing defects, marketing defects, labeling defects (failure to warn), failure to provide adequate instructions and warnings on how to use the product correctly as well as failure to provide clear instructions about how much time it takes before symptoms show up after ingestion or inhalation.
Occurs when an entire line or model of products has problems because they were designed poorly. Design defect cases are often brought against a manufacturer because they produced the defective design.
To prevail on a claim of design defect, the plaintiff has to show that:
- There is an unreasonable safety risk
- This unreasonably safe risk could have been reduced or avoided by the exercise of reasonable care in design.
Occurs when a manufacturer has not followed the design, often because of insufficient quality control or the use of defective materials. If this is due to poor instructions from the designer it would be considered more as a marketing defect.
It results from mistakes made while making individual products such as using too much adhesive on a toy or misaligning car parts during assembly.
Occurs when the design of a product is not inherently defective, but there was an error in marketing. For example, if labeling on a specific drug claims it treats headaches as well as nausea and then fails to mention that it cannot be taken by pregnant women. This would be considered negligent for failing to warn consumers despite having the correct ingredients for the intended purpose.
This arises when companies don’t provide enough information about how to use their product safely (for example some power tools come without safety guards.)
Warning defect means there was inadequate warning about an inherent danger in using the product correctly. This type of defective product can be the most difficult for Tucson residents because they need to prove that they did not misuse or alter the product.
If you have been injured due to a defective product, speak with an experienced attorney like those at Tucson Product Liability Lawyers today! We work on cases involving all types of products and we will ensure our attorneys are prepared to fight for your rights.
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In Arizona, Tucson Product Liability Lawyers guide on what procedure to follow. It is necessary to understand which type of liability is in the case to plan well. Contact us today.
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