There are three main types of product liability claims: design defects, manufacturing defects, and marketing defects, also known as failure to warn. These faulty products lead to thousands of injuries each year, ranging from minor cuts and bruises to traumatic brain injuries.
Understanding the common causes of product liability in Portland can help you determine if you have a potential claim. Call an experienced product liability attorney today for help with your case.
Understanding Product Liability
Product liability is a legal theory allowing people to recover for personal injuries from defective products without proving negligence. Anyone in the supply chain may be responsible for a defective product claim, but manufacturers often have the ultimate responsibility.
A plaintiff needs to prove one of three types of claims—design defect, manufacturing defect, or marketing defect. A knowledgeable Portland lawyer can review the common causes of product liability and determine the claim their client has.
Design Defect Product Liability Claims
Defective design claims allege that the product is inherently dangerous for its intended use. However, it is not enough for the product to be hazardous—plenty of safe products out there could pose a risk if misused. The product has to be dangerous for its intended use.
Defective toys are a standard example. Toys have recommended user ages, often based on the size of parts. In addition, manufacturers could use dangerous paint or other decorations that make the toy unsafe.
Design defect claims are generally strict liability. An injured person does not have to prove that the manufacturer was negligent in the design—they have to prove that the design was not good enough according to industry standards.
Manufacturing Defects Claims
Manufacturing defect claims state that the product’s design is safe but that an error in the manufacturing process made it unsafe. Weak fasteners, flimsy metal, or cheap plastics can all lead to products that break when used regularly, exposing people to potential injuries.
Contaminated food sources are an example of this type of product liability claim because they are designed safely but contain dangerous contaminants. A Portland legal professional could review a client’s product liability case and identify whether the manufacturer holds fault.
Marketing Defect Claims
Marketing defect claims—also known as failure to warn—suggest that the manufacturer or seller did not provide adequate information about the safe use of the product or warn the user that it was inherently dangerous. For example, hair dryer labels instruct not to use them in water.
The lawsuits against the tobacco industry were based on marketing defects since the companies were aware of the dangers of their products but failed to warn consumers. If someone in the supply chain knows of a risk but fails to provide warnings, it can be a marketing defect claim.
Learn More About Common Causes of Product Liability in Portland Today
If you were using a product as intended and suffered an unexpected or unforeseen injury, you might have a product liability claim. These incidents can lead to various forms of harm that affect a person’s livelihood.
To find out more, reach out to a dedicated personal injury attorney. They can help you explore the common causes of product liability in Portland and determine if they apply to your circumstances. Schedule an initial consultation with Gideon Asen, LLC today.
