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Types of Claims Arising from Defective Products: Insights and Analysis

May 22, 2024

Insurance

Types of Claims Arising from Defective Products: Insights and Analysis

When consumers purchase products, they expect them to be safe for their intended use. However, defects in design, manufacturing, or inadequate warnings can lead to severe injuries or property damage. Let's understand the different types of claims that arise from defective products, providing insights and analysis to help individuals understand their rights and options when seeking compensation for harm caused by defective products.

Design Defect Products Liability Claims

Design defect claims arise when a product's inherent design makes it unreasonably dangerous for its intended use, even if manufactured according to specifications. In such cases, the defect is present before the product is manufactured and affects all units produced. Design defect claims typically involve demonstrating that:

  • The product's design posed an unreasonable risk of harm to consumers.
  • There was a feasible alternative design available that would have reduced or eliminated the risk without significantly impairing the product's utility or cost-effectiveness.
  • The harm suffered by the plaintiff was a direct result of the defective design.

Examples of design defects include:

  • Automobiles with unstable designs prone to rollovers.
  • Children's toys with small parts that pose choking hazards.
  • Household appliances with electrical systems susceptible to fires.

Manufacturing Defects Product Liability Claims

Manufacturing defect claims arise when a product deviates from its intended design due to errors or flaws in the manufacturing process. Unlike design defects, manufacturing defects typically affect only a portion of the products produced and may not be present in every unit. To establish a manufacturing defect claim, the plaintiff must demonstrate that:

  • The product deviated from its intended design or specifications during the manufacturing process.
  • The deviation rendered the product unreasonably dangerous compared to its intended design.
  • The harm suffered by the plaintiff was a direct result of the manufacturing defect.

Examples of manufacturing defects include:

  • Contaminated medication with incorrect dosages or harmful substances.
  • Defective tires with tread separation or blowout risks.
  • Faulty medical devices with missing components or structural weaknesses.

Failure to Warn Product Liability Claims

Failure to warn claims, also known as marketing defects or inadequate warnings claims, arise when a product's packaging or labeling fails to provide sufficient warnings or instructions regarding potential risks associated with its use. Manufacturers have a duty to warn consumers of known hazards or risks associated with their products and must provide clear instructions for safe use. To establish a failure to warn claim, the plaintiff must demonstrate that:

  • The product's packaging, labeling, or instructions did not adequately warn consumers of foreseeable risks associated with the product's use.
  • The lack of warning or instruction rendered the product unreasonably dangerous when used as intended or in a reasonably foreseeable manner.
  • The harm suffered by the plaintiff was a direct result of the failure to warn.

Examples of failure to warn claims include:

  • Prescription medications lacking warnings about potential side effects or interactions.
  • Household cleaners without labels indicating the risks of inhalation or skin contact.
  • Power tools without instructions for safe operation or proper safety precautions.

Find Comprehensive Insurance Solutions for Product Liability Claims with Humble Insurance Group

If you've been injured or suffered damages due to a defective product, it's essential to seek legal guidance and explore insurance options. Contact us at Humble Insurance Group today to discuss insurance solutions for product liability claims. Call us at (425) 226-8221 for further assistance.

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