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Determining liability in defective product cases

On Behalf of | Dec 2, 2022 | Injuries |

Consumer products should be safe to use in their intended manner. If you use a product that causes you injury, it may be defective. Understanding the nature of the product defect can help you determine if there is a liability concern.

There are a few different liability considerations for defective product injuries.

Was it a design problem?

If your injury is the result of a problem with the product’s design, you may have a liability claim against the designer. Sometimes, though, that design modification results from a change made by the manufacturer. If the manufacturer modified the design to work with their production line and caused the defect, the manufacturer may be liable instead.

Was it a marketing problem?

Did you use the product the way that the marketing has suggested for you to use it? Even if the marketing message didn’t match the instructions with the product, using it the way that the marketing materials suggest should be safe. Commercials and product packaging both apply in this instance, and the liable party would likely be those parties that designed and approved the marketing material in question.

Was the problem obvious?

In any case, if the defect that caused your injury was obvious to those who designed, manufactured and marketed the product, you may have a claim against each party involved in the process.

With many different people involved in the product design and manufacturing process, these are the most important elements to think about as you decide if you have a defective product claim.


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