Types of Defective Product Liability Claims

If you have been injured or suffered other damages because of a product you used, you may have a defective product liability claim. Though the range of defective product cases is broad, the claims typically fall into three categories of product liability: (1) defective manufacture; (2) defective design; or (3) failure to provide adequate warnings or instructions concerning the proper use of the product.

Understanding these categories will help you to determine whether you have a valid claim, as well as the strategy to use in presenting your case.

When it comes to the basic types of defective product claims, every state has essentially the same basics laws, spelled out below. Keep in mind that for each of these claims, you must show not only that the product was defective, but that the defect caused your injury.

Defectively Manufactured Products

Perhaps the most obvious type of product liability claim is when the injury-causing product was defectively manufactured. A defectively manufactured product is flawed because of some error in making it, such as a problem at the factory where it was fabricated. As a result, the injury-causing product is somehow different from all the other ones on the shelf.

Examples of a manufacturing defect include:

  • a swing set with a cracked chain
  • a tainted batch of cough syrup containing a poisonous substance, or
  • a moped missing its brake pads.

In each case, the injury must have been caused by the manufacturing defect. So, if you misjudged a curve, drove off the road, and injured yourself while riding on the moped with the missing brake pads mentioned above, you would only have a manufacturing defect claim if you could show that the missing brake pads — not your poor steering — caused your accident.

Defectively Designed Products

In the second type of product liability category, a product’s design is inherently dangerous or defective. Defective design claims do not arise from some error or mishap in the manufacturing process, but rather involve the claim that an entire line of products is inherently dangerous, regardless of the fact that the injury-causing product was perfectly made according to the manufacturer’s specifications.

Examples of a design defect include:

  • a particular model of car that has a tendency to flip over while turning a corner
  • a type of sunglasses that fail to protect the eyes from ultraviolet rays, or
  • a line of electric blankets that can electrocute the user when turned on high.

Here again, the injury must have been caused by the defective design. If you accidentally crash into another vehicle while driving one of the flip-prone cars mentioned above, you would only have a design defect claim if you could show that you crashed because the car was in the process of flipping over while turning.

Failure to Provide Adequate Warnings or Instructions

The third type of product liability claim involves a failure to provide adequate warnings or instructions about the product’s proper use. Failure-to-warn claims typically involve a product that is dangerous in some way that’s not obvious to the user or that requires the user to exercise special precautions or diligence when using it.

Examples of a failure-to-warn claim include:

  • an electric tea kettle that is packaged without sufficient warning concerning its oddly positioned steam valve
  • a cough syrup that does not include on its label a warning that it may cause dangerous side effects if taken in combination with another commonly taken drug such as aspirin, or
  • a corrosive paint-removing chemical that is sold without adequate instructions for safe handling and use.

Once again, the injury must result from the failure to warn or properly instruct. If you are burned while using the newfangled tea kettle mentioned above, you would only have a failure-to-warn claim if you were burned by steam unexpectedly coming out of the oddly positioned steam valve.

Comparing the Three Types of Product Liability Claims

Claims involving pharmaceutical drugs provide a useful way of comparing the three types of product liability claims. If you are injured because the particular bottle of cough syrup you bought happens to contain several drops of arsenic that fell into it by accident at the factory where it was made, your claim would be based on a manufacturing defect.

By comparison, if taking that same brand of untampered-with cough syrup caused you to suffer a heart attack because of its normal ingredients, your claim would be based on a design defect.

Finally, if the cough syrup was made correctly and is generally safe for use, but you were injured because you combined it with aspirin and the label failed to warn that such a combination is dangerous, your claim would be based on a failure to warn.

By understanding these differences, you will better be able to identify your product liability claim and correctly present your case in court.

Getting Help

Depending on your case, you may wish to retain the services of a lawyer who specializes in products liability.

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Landlord Liability for Slip and Fall Accidents

Slip and fall accidents are one of the more common causes for emergency room visits in the United States and can lead to a variety of long-term injuries.

It is important to be aware of your rights in the event of a slip and fall accident, especially when the accident occurs on a property you are renting. Liability is a term used to determine in what cases, and to what extent, a property owner or landlord is responsible for injuries sustained by those on the premises they rent. Proving liability is a crucial aspect of a slip and fall claim in which victims are seeking compensation for injuries.

Determining Landlord Liability in a Slip and Fall Case

Establishing liability for an accident case depends largely on the ability to demonstrate a breach of duty. In the case of an accident on a rental property, establishing liability for the owner requires that the plaintiff prove that the owner of the property was neglectful in some way. To be successful, he or she must also show that the owner was or should have been reasonably aware of the conditions that led to the accident. This can be accomplished by showing evidence that the property owner was directly informed of hazardous conditions that could result in a fall.

Landlords have a duty to take reasonable precautions to protect tenants and visitors from known hazards. These include keeping a checklist of tenant complaints and acting to resolve them; encouraging tenants to report issues promptly and clearly; and performing routine inspections of the premises to ensure there are no hazardous areas. Conversely, a landlord may see their risk of liability increase if they fail to take steps to keep the property in good repair, especially if they are proven to have been aware of the issue, and even more so if the fix would have been simple and cheap to perform.

What are Your Rights as a Slip and Fall Victim?

Slip and fall accident victims can suffer long-term, life-changing injuries. Common slip and fall injuries include sprains, contusions, hyperextensions, head injuries, and broken bones. While some of these injuries tend not to cause much disruption in daily life, some victims will suffer the effects of the injury for months or even years. By filing a premises liability lawsuit against the responsible party, victims may be able to recover financial compensation for injury-related medical expenses, lost wages, pain, and suffering, and other damages.

Because of the variety of injuries, the varying nature of injuries of a given type, and the differences between nature of each accident, each case must be addressed individually. If you are injured in a slip and fall accident, it is important to seek legal counsel in order to know how best to approach your specific case. Working with your lawyer to establish how the landlord may be liable due to neglect is a crucial step when seeking compensation for an injury.

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What Every Business Owner Needs To Know About Premises Liability

You probably already know that if a person slips and falls at your business, you’re a prime target for a lawsuit. At the very least, you’ve probably seen the personal injury lawyer advertisements on daytime television that promise to hold businesses accountable for their negligence and get injured parties the money they deserve.

As an attorney, I’m familiar with these slip-and-fall cases. While they’re certainly the best-known instances of premises liability, they’re hardly the only ones. As a business owner, your responsibility for others’ injuries is far-reaching, covering everyone from employees to visitors to your next-door neighbor.

I’ve come across too many people who know it’s important to keep their employees and customers safe but aren’t aware of the full extent of their culpability. A better understanding of premises liability can not only reveal ways to improve workplace safety, but it can also help you avoid becoming the next case study for a personal injury ad.

Premises Liability 101

Regardless of whether you rent or own the building your business is located in, you’re responsible for whoever steps inside — from employees and customers to vendors and solicitors. Even trespassers have limited protection under premises liability law.

While your landlord may be sued for negligence in some instances, you will almost always shoulder the primary burden. In fact, most landlords include clauses in rental agreements that require tenants to assume full responsibility when it comes to maintaining the safety of the property. That means that if your landlord is sued, your business is on the hook for the incurred expenses.

 Slip-and-fall incidents are just the tip of the iceberg. Many different scenarios fall under the umbrella of premises liability, including a visitor or an employee assaulting another visitor, a piece of equipment or merchandise injuring someone, or hazardous substances running off your property and onto a neighboring property. Basically, if you could have taken steps to prevent an injury or damage from occurring, you’re going to be held accountable by an attorney like myself.
On top of that, if you decide to fight a premises liability suit, your business will be affected in more ways than one. While most commercial general liability insurance policies will cover many of the expenses of a premises liability lawsuit, lawyers’ fees alone can be exorbitantly expensive. And no insurance policy will be able to repair the damage to your business’s reputation.

How to Keep Everyone Safe (and Avoid Lawsuits)

Unfortunately, accidents will always happen, and lawsuits will always be filed. At a minimum, consider buying a basic commercial general liability insurance policy. For as little as $500, a standard policy will cover up to $1 million. In the long run, it could end up saving you tens of thousands of dollars.

After you get insurance, here are some best practices to prevent most workplace injuries and expensive liability claims:

    1. Inspect. You and your employees need to diligently monitor potentially unsafe conditions — in both individual workspaces and the property at large. Constant vigilance might sound like a productivity killer, but all it really means is being more aware of your surroundings. This way, any potential liabilities can be detected before employees or customers discover them the hard way.
    2. Correct. If an unsafe condition is discovered (or even suspected), it must be corrected immediately. Neither you nor your employees should assume that someone else will clean up the spill, flatten the entryway mat, or clear ice and snow off the walkway. Establish clear policies and procedures so your employees know what to do when it comes to dangerous conditions.
    3. Warn. If any unsafe conditions can’t be corrected immediately, you need to display a conspicuous warning sign so customers and employees can avoid the hazard until it’s fixed. The prominent use of “wet floor” signs in areas that have been mopped during business hours is a good example of a prudent warning.

When it comes to premises liability, the bottom line is this: If it’s your business, it’s your responsibility. Stay alert for potential dangers, and correct problems as soon as they crop up. That will hopefully be enough to keep you out of court.

DISCLOSURE: This material is provided for general and educational purposes only and is not intended to provide legal advice or to avoid penalties that may be imposed by U.S. law. Contact your attorney or other advisor regarding your specific situation.
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