The Basis of a Product Liability Lawsuit
While the laws applicable to defective product cases varies from state to state, there are three legal theories common to all jurisdictions which may form the basis of a successful product liability case:
(1) Manufacturing defect. In such cases the injury was caused as a result of defect in the manufacture of the product. An example would be a bicycle which was built with a small crack in the frame, which breaks when used, causing an injury to the rider.
(2) Design defect. In these cases the injury was caused by a poor design (even though there may be no defect in the individual product itself). A common example would be a piece of industrial machinery which was built without a proper safety or protection devices, and as a result a worker is injured while using the machine.
(3) Failure to warn, or “inadequate warning.” These cases refer to injuries caused as a result of a product known to be potentially dangerous which was sold without a proper warning to the consumer. An example would be an over-the-counter drug sold lacking a warning on the hazards of use with certain other drugs, excessive consumption, or possible side effects from its use.
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