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Injured By a Product? Learn About The Types of Claims

Product liability law is a type of personal injury law that is designed to redress the harms caused by malfunctioning products. These types of claim can include vehicles with a dangerous defect such as rolling over to electronics that did not include warnings about their burn risks. This highly specialized area of law is divided into three types of cases, each of which is tailored to the unique facts of typical product liability cases. These three types of product liability claims include defective design, defective manufacturing and failure to warn.  

Defective design cases are exactly what they sound like: cases involving a product that was not designed properly. Generally these include a feature that a designer should have known would cause injury. Often multiple injuries arise from this type of defect and these defects often spark a recall as well as potentially a class action suit or a class settlement. 

Defective manufacturing claims, on the other hand, is premised on the idea that something went wrong in the manufacturing. In other words, the product was designed properly but the production deviated away from the design plans, creating a “lemon” of a product. This deviation posed a significant risk that injured the user, thus prompting a product liability suit. 

Finally, the third type of product liability case is one involving failure to warn. Some products pose an inherent risk, such as the potential to electrocute a user or to cause choking in a child. These products are required to include warnings to help users interact with them safely. When a manufacturer does not warn about a known risk, it may be considered liable.

If you have been injured due to a defective product and believe you may be entitled to compensation, speak with a skilled product liability attorney at Barasch McGarry Salzman & Penson in New York.

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