When you’re using a product and get hurt, you may be entitled to compensation, but it’s important to understand how these cases work. Learn about the specifics of product liability claims, the kinds of defective product cases, and how a Nashville personal injury lawyer can help your case.
Defective Product Liability Cases
The first thing you need to understand before pursuing your case for product liability is that there are several general types of defective products. These three types of cases are those of defective manufacturing, design defects, and inadequate instructions or warnings.
Defectively Manufactured Products
A defect in manufacturing usually affects only a couple of products in a line. The problem isn’t a core issue with the product’s design, but with something that went wrong during the manufacturing process. If a product fails and someone is injured, but it’s specific to that individual device, it could be a manufacturing defect.
Design Defects in Products
If a line of products has a core flaw that causes them to fail when used properly, this could be a design defect. It means something was not properly accounted for when the core design of the product was undertaken, and that design creates an unfortunate and potentially tragic tendency for the device to fail and cause injuries.
The third type of case arises from inadequate warnings. If a product can be used safely but carries inherent dangers to avoid, the manufacturer has to warn you of those dangers and the ways in which you can avoid them. Failure to do so opens them up to liability.
Differentiating the Three
It can be tricky to differentiate between defective manufacture and design, and failure to warn. Consider the case of an electronics explosion. If your personal electronic device catches on fire or explodes, is this a problem that’s known to the line, or is it something that is isolated to yours and maybe one or two others in the line? If for example, a bad ground in your specific device caused a short-circuit, you could be dealing with defective manufacturing.
If, however, as we’ve seen in the news recently, entire lines of products are seen to fail in exactly the same way, and many people are injured as a result, there could be a core design flaw. It’s important to understand which kind of case you’re dealing with.
On the other hand, what if the danger can be mitigated and avoided through proper usage, but there’s a certain procedure you need to follow? If the manufacturer failed to include warnings of the danger, and instructions on the proper procedure to avoid them, you have a problem of inadequate warnings.
Contact a Nashville Personal Injury Lawyer
Understanding the kind of case you’re facing will dictate the tactics and strategies you must use to prove negligence. In addition, insurance companies will try just about anything to avoid paying out on a damage claim.
Countering these non-payment tactics and knowing how to get fully compensated requires the services of a strong Nashville personal injury lawyer. If you find yourself in this situation and need help, call Mitch Grissim & Associates for a free case evaluation today!