The 3 Factors of Product Liability Cases


Drawing product conceptsAs consumers, the idea of a product being dangerous is not something that often comes to mind. After all, these are products that are being sold in stores to the general public. Unfortunately, there are some products that may cause harm for one reason or another.

When this happens, and a consumer suffers an injury, it is considered a product liability case. It is important in these matters to determine who may be considered accountable and how negligence exists in these types of legal matters.

Any legal matter involving product liability revolves around three major factors in order to prove negligence. These three factors include the following:

If you’ve been injured due to a defective product, learn what rights you have. Call us today at (844) 417-0930.

Read below to learn more about each of these factors, how they occur, and common situations that may arise.

Manufacturing Defects

Manufacturers are often looking to make deadlines, get products on the shelf as soon as possible, and start making a profit. Far too often, though, they overlook the safety of their processes and their products in order to do so.

As such, there are situations that may arise when the product is not manufactured in the planned manner, putting consumers at risk should the product make it to the market. There may be parts missing, issues with the materials used, or some parts of the product being broken.

For instance, a manufacturing defect may exist should a children’s toy have a loosely attached part causing a choking hazard. Similarly, some products may have been broken during manufacturing, yet sent to the stores anyway. This may present a sharp edge or other potential danger.

Design Defects

Design defects can occur long before the product is ever manufactured. This is something that can arise should a product be designed with a known hazard when used correctly, or when the plan is to create the product using harmful materials.

This is typically the situation with products such as heavy machinery, children’s toys, and more. For instance, when a child’s toy is made with lead paint, other harmful materials or chemicals, this can be considered a design defect.

Similarly, if a sharp product is designed without having a protective guard, it can also be considered negligence.

Failure to Warn

When products have dangers—such as garden tools or kitchen appliances—it is important for the manufacturer to have some kind of warning regarding the hazards. Consumers must be informed that failure to use the product in the intended way could lead to serious injuries.

However, if there is no warning present, the manufacturer may be considered negligent should injury occur. Even if it is a clear and present danger and the consumer should understand this, a warning is still required.

If a manufacturer does anything that puts the safety of consumers at risk, they deserve to have their negligence brought to public spotlight. This has been the case with numerous companies before, and it can create change to protect others in the future.

Our Alabama product liability attorneys recognize the various ways a manufacturer can be considered liable as a result of negligence. It’s unfortunate, but these manufacturers can cause significant injuries should they put profits as their priority over the safety of consumers.

Cunningham Bounds works hard to help those who have been hurt take the steps to pursue compensation. Trust that we’re here when you need us most and we’ll stand in your corner every step of the way.

Call our firm today at (844) 417-0930 to discuss your potential case with our team. We’re here to answer your questions and give you the peace of mind you deserve.

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