October 9, 2020

The Three Types of Defective Products Cases

Also known as product liability, defective products cases are under a specialized branch of law that strives to ensure that products getting into the market are safe for use and consumption.

If a manufacturer failed to include warnings or instructions on a product or the product caused harm to the end-user, then a claim for damages can be filed. You can hire a product liability attorney in Reno, Nevada to help you launch a defective products lawsuit.

An overview of defective products law

There are various instances when people purchase products and the product fails to function properly. Maybe it was a toy car you bought for your child or a microwave you bought for your home.

If the microwave explodes unexpectedly or your child swallows a small part of the toy car, you have a right to sue for damages through a product liability attorney in Reno, NV.

The manufacturer can be held accountable for causing injury due to negligence. If the negligence was tied to the design of the product or failure to provide adequate warning by the manufacturer, then the type of law to be applied is known as defective products, strict product liability, or product liability.

Types of defective products cases

In order to determine the type of defective product case to apply, the manufacturer’s state of mind at the time of producing the product may be relevant. The court will also review the supply chain management and where exactly in the chain things went wrong.

Could it be the mistake of the original manufacturer? Was it during transportation or was the product altered in the distribution chain?

  1. Design defects

It doesn’t matter how perfect a product has been designed, it has the potential of harming the user as long as the defect was part of its design. Any product can pose a great danger when it doesn’t function as expected by a user.

Here are some examples of design defects:

  • A small toy that can easily be swallowed by a child
  • A car accelerating on its own
  • A gun safety that still allows it to fire

If you get injured or your child is affected by any other above scenarios, you have a right to hire a personal injury attorney in Reno, NV and launch a lawsuit against the toy or car manufacturer.

  1. Failure to warn

Failure to warn is also called marketing defects. It mainly focuses on what might have gone wrong within the supply chain. It is a situation where the product was designed correctly, but the manufacturer failed to include proper, adequate instructions or warnings.

Examples of failure to warn include the following:

  • A medication that is intended to be taken with water and the manufacturer fails to provide such instruction
  • A child’s chair that falls due to lack of clear installation instructions
  • If a saw cause injury even if it is handled correctly

If any of these happens to you, then you can launch a claim for damages by filing a lawsuit with the help of an accident lawyer in Reno, Nevada.

  1. Manufacturer defect

This is a situation where the product was designed correctly, but did not prove to be so when used by the end consumer. A good example is a faulty lock on the door of a car.

Common defenses and how a lawyer can help

Defective products cases can be very costly to manufacturers. As such, they will do everything possible to defend themselves.

As the victim, you will need to work closely with a personal injury law firm in Reno, Nevada to increase your chances of being compensated.

A manufacturer can claim that the plaintiff tampered with the product which caused him or her the injury. But with an experienced Reno personal injury attorney from the Law Office of Stephen Osborne, you can provide strong evidence and win the case.

Mr. Osborne is a seasoned trial lawyer with more than thirty years of litigation experience representing those injured in car accidents, by medical malpractice, or other forms of negligence. He is a member of the Nevada Justice Association and the Multi-Million Dollar Forum.