Common Product Flaw Legal Claims

Posted on: October 31, 2016 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. Therefore, here are some common claims that should be understood to reduce Product Design Liability for a variety of industries.

Defective manufacturing.

The most common claim is a result of obvious poor manufacturing of an item. 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 most common claim occurs when a product is inherently dangerous in its design. An example of this would be an electric blanket that electrocutes users or a car that does has a tendency of flipping during sharp turns. However, the defendants in these cases would have to prove that harm was caused as a direct result of the product’s original design.

Insufficient warnings.
Some products are inherently unsafe such as knives and tools. Therefore, the proper warning labels must be attached to the products to warn users of its risks. Further, even if the product can cause injury or harm that is not obvious to the consumer, warnings should still be provided in addition to a user manual.

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