${site.data.firmName}${SEMFirmNameAlt}
716-849-3500

X Close

3 types of product liability claims

A business may be facing a product liability claim if one of their products has proven defective and has injured an individual. However, there are three types of product liability claims.

Product liability claims evoke many questions on behalf of the injury victim. Common questions people ask include: "What are they and what are the differences between them?", "When is someone facing a product liability claim?", and "Are there viable defense strategies?"

Here's what consumers need to know:

Design defect

Even before a product is manufactured and produced, there needs to be a design. If there is a flaw in the design that poses a threat to a consumer, the design team may find themselves on the hook for a lawsuit.

Design defects claims can be tricky to find a successful defense for. However, there are certain defenses that can be successful. For example, if the plaintiff claims that the design of the product caused the injury, but there was abnormal use of the product, there would have been no way for the designer to predict that the product will harm an individual. In this case the designer may not be liable for the damages.

Manufacturing defect

On the flipside, even when a product design is flawless, manufacturers can still make mistakes. If the manufacturers stray from the design, whether intentional or not, an injured consumer may file a claim against them.

Manufacturing defect claim defenses, like design defect claims, can be complicated. However, a manufacturer and their defense team may not be accountable if, for example, the plaintiff altered the product after it was in their possession, and the alteration caused the injury.

Failure to provide a warning

A company could face a product liability lawsuit if they failed to give an adequate warning of a product to their consumers. If no warning was given and an individual injures themselves, the injured party may file a claim. 

Defenses to this type of claim may be successful if the injured individual should have known about the risks before using the product, or if there was no way for the manufacturer to predict that someone would sustain an injury in the manner that occurred.

Facing a product liability claim can be stressful, but knowing the types of claims one can face and the possible defenses for each can prove beneficial.

No Comments

Leave a comment
Comment Information

let us help you

Hagelin Spencer LLC has offices conveniently located in Buffalo, Rochester, Syracuse, and Garden City. While our firm is large enough to have the resources necessary to satisfy even the largest corporate client, our attorneys do not lose sight of the importance of building a strong relationship with everyone we represent.

ofc1 ofc2 ofc3 ofc4 ofc5

Rochester, NY
The Powers Building
16 West Main Street, Suite 700
Rochester, NY 14614

Toll Free: 866-214-2591
Phone: 585-325-9000
Fax: 585-325-9007
Map & Directions

Buffalo, NY
135 Delaware Avenue, Suite 200
Buffalo, NY 14202

Toll Free: 866-214-2591
Phone: 716-849-3500
Fax: 716-849-3501
Map & Directions

Garden City, NY
1225 Franklin Avenue, Suite 325
Garden City, NY 11530

Toll Free: 866-214-2591
Phone: 516-240-8020
Map & Directions

Syracuse, NY
1000 7th North Street, Suite 120
Liverpool, NY 13088

Toll Free: 866-214-2591
Phone: 315-701-5768
Fax: 315-701-5770
Map & Directions

Jersey City, NJ
35 Journal Square, Suite 1030
Jersey City, NJ 07306

Toll Free: 866-214-2591
Phone: 201-653-3500
Fax: 201-653-3599
Map & Directions

REQUEST AN APPOINTMENT ยป

REQUEST AN APPOINTMENT TODAY

To contact our law firm and discuss your legal concerns with an experienced attorney call 716-849-3500 or complete the contact form to the right.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy