How to Know if You Have a Product Liability Claim
If you were injured by a defective product, you may have the ability to file a product liability claim. Unfortunately, not many people are aware of what makes a product liability claim and what must be shown in these types of cases. They may also be unaware if they have a claim in the first place. At Peterson & Associates, P.C.™, we want to make sure people understand what qualifies as a product liability claim. This way, if someone is injured by a defective product, they can come to our firm and take the necessary action to hold the liable party accountable. There are three things to look for when determining if someone has a product liability claim:
- Design Defects
- Manufacturing Defects
- Failure to Warn
Prior to a product even being made, there is a chance that the manufacturer is already producing a dangerous product. Sometimes, certain consumer products are made with designs that can be dangerous, such as including sharp edges. Usually, these are cases in which the manufacturing is done perfectly, but certain aspects of the design cause unnecessary dangers such as vehicle rollovers or medical device issues.
This occurs when there is an issue during the manufacturing phase. For instance, if a part is created for a vehicle, like a bolt or screw, but it doesn’t have the proper size and eventually causes some kind of damage, this may be due to a manufacturing defect. Another instance would be a part coming loose from a child’s toy causing a choking risk. In these matters, you may be able to hold the liable party accountable.
Failure to Warn
In cases of failure to warn, the manufacturer is aware of the potential dangers, but they do not provide adequate warnings to prevent consumers from using the product in the wrong way. A number of these cases involve medications because they are not always labeled correctly and certain side effects are not disclosed.
If you have been harmed by a defective product, contact our Kansas City product liability attorneys at Peterson & Associates, P.C.™ We’re here to help you.