Differentiating Common Product Design Flaw Legal Claims

Posted on: October 21, 2015 by Huntersure LLC.

Defective product claim laws are governed by each state’s same basic laws. In order to make a case, claimants must prove the product was defective and also caused harm in some way. The following types of legal claims are the most common, and understanding each can help to decrease Product Design Liability for various industries.

Defective Manufacturing- The most common type of claim results when a product was obviously manufactured defectively. Some examples of these include a swing set with a cracked chain, a tainted batch of cough medicine, or a moped missing brakes, according to Nolo. In terms of legality, the injury that the defendant suffered must have been a direct result of the defective manufacturing of the product.

Defective Design- The second type of claim involves a product that is inherently dangerous in design. This could mean a specific car that tends to flip when rounding a sharp corner or an electric blanket that short circuits and can electrocute when put on a certain temperature, to name a few examples. Similar to the previous claim, the defendant would only be successful in their claim if the product was deemed unsafe and the product’s design flaw inflicted direct harm.

Failure to Provide Necessary Warnings- As some products are naturally unsafe, such as knives and sharp tools, the proper product warnings must be attached to the product or packaging. In addition, an instruction manual is also recommended. A claim can arise from this if the product is dangerous in a way that is not overly obvious to the consumer and fails to provide adequate warnings.

Understanding these claims and how they are comprised can help to minimize liability for product manufacturers and designers. At Huntersure, we understand the risks that product design firms face in their daily operations. Our program includes specialty underwriting, loss control, and claims oversight to provide peace of mind for our clients. To learn more about our products and services, contact us today at (855) 585-6255.

Posted in: blog Product Design Liability