A consumer that has been injured while using a defective product has the right to submit a product liability claim. However, that same consumer must first determine which of the 3 different types of claims apply to his or her case.

Did the defective item have a flaw in the design?

If a product’s design had introduced an unreasonable level of danger, then someone injured by that poorly designed item could submit a claim based on a defective design.

Alternately, if a product did not perform safely, due to the existence of a flawed design, then anybody injured by the unsafe item could submit a defective design claim.

The person making such a claim would not have to be someone that had chosen to use the flawed item. Still, he or she would have to provide evidence of having been injured by the defective product.

Did the product that caused the injury have a manufacturing defect?

The person claiming the existence of a manufacturing defect has implied that the product’s design is safe. That implication would then indicate that something had happened during the process that took place in the manufacturer’s plant.

In this case, the product’s performance would not conform to expectations that had been introduced by the design. That discrepancy between the expectations and the true performance would serve as evidence of a manufacturing defect.

Such a defect might result from the improper installation of a given part. Alternately, it could involve the failure to install a given component of accessory. This type of defect normally affects only a limited number of products, as per Personal Injury Lawyer in Waterdown.

Was there a problem with the warning or label on the injury-causing product?

Had consumers been provided no information about possible dangers? Makers of medications strive to avoid getting hit with this particular claim. That is why their TV ads contain repeated mentions of possible side effects. In what ways could a label have a defect?

-The wording on the label might not be clear. Poor wording in a set of instructions could also become the basis for a product liability claim.
-A warning’s location might be one that a consumer could easily miss or overlook. If that were the case, then that would be another reason for a warning-related claim.
-If a label lacked a needed warning, then the company selling the product with a recognized danger would need to come up with a different means for sending a cautionary message to consumers.

Identification of the type of product liability claim does not guarantee an acceptance of what has been claimed.

The person that has filed the claim must show that he or she was injured, while using the item with the flaw.