The Different Types of Product Liability Lawsuits
January 31, 2018
By Richard Jurewicz, Esq.
When a person is injured using an industrial or consumer product there are different types of claims. Typically, these depend upon how and why the person was injured. The four types of defect claims include:
- DESIGN DEFECT – is a flaw that is not limited to one particular product but typically found in all of company’s manufactured products of the same kind or model if the offending product is unreasonably dangerous and creates a hazard for its potential users. This is the most common type of product liability lawsuit.
- MANUFACTURING DEFECT – is a claim that occurs because of the choice of quality of materials or error in the assembly process. This type of defect occurs when improperly made parts or components are used to produce a product or where it is not built to product specifications. If the manufacturing defect is caused by faulty construction, then the product supplier is strictly liable regardless of whether the manufacturing defect was negligently done or made.
- MALFUNCTION – occurs when a product does not perform as designed and operates erratically. An example would be industrial machinery repeating a cycle or double stroking without the operator initiating a second cycle. Another illustration would be equipment continuing to cycle or operate after it has been turned off. The burden is on the injured person to show that there is not an alternative explanation for why the product malfunctioned.
- WARNING DEFECTS – can occur in two ways. Either no information was provided to alert the operator of a foreseeable hazard with the use of the product or the information that was provided was inadequate or insufficient to alert the user of the hazardous condition of ways in which to minimize or safeguard against the risk.
Additionally, even if you are hurt at work, you may have a claim against other parties. Manufacturers, wholesalers, dealers and distributors are strictly liable for a product defect regardless of where they stand in the chain of distribution.
The product liability lawyers at Galfand Berger LLP have been helping not only clients but also referral counsel with their product liability lawsuits. Our firm has been instrumental in helping create and shape Pennsylvania product liability law.
Philadelphia Product Liability Lawyers at Galfand Berger, LLP Represent Individuals Injured by Dangerous & Defective Products
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