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Defective Product Liability Claims Examples

Defective Product Liability: You’ve Suffered Due to a Product You Used

This month, we’re blogging about defective product liability claims examples. If you’ve suffered any damages—injury, financial, etc.—after using a product, you could have a defective product liability claim. At Fox Law Office PLLC, we have over 20 years of experience in West Virginia handling defective product liability cases. You can claim defective product liability issues if you’ve suffered damage or injury because the product you used has:

  • A Defective Design 
  • Been Recalled
  • Inadequate Warnings or Inadequate Instructions

A Product Recall or Defective Design Means Defective Product Liability

Valid defective design product liability claims show damages from products regardless of whether a manufacturer made them to specifications. An example of a defective design might be a specific car always flipping over while maneuvering around corners. If you crashed this particular car, and suffered injury or financial damage, the defective design could be the cause. You could also claim defective product liability if you suffered medical or other issues due to a recalled product.

Filing a Lawsuit Due to a Product Recall

Defective product liability due to a recall generally falls under a defective design or manufacture claim. Usually, a product recall only serves as evidence in a defective product liability case. The product recall alone doesn’t make a defendant liable. On the flipside, the defendant can’t simply use a recall to refute a defective product liability lawsuit. What if the U.S. Consumer Product Safety Commission encourages a tire manufacturer to recall tires, and they don’t. If the tires cause someone’s injury, that’s a recall lawsuit.

Filing Damages or Injury Due to Inadequate Warnings or Instructions

Providing inadequate warnings or instructions about a product’s proper use are common defective product liability claims. Inadequate warnings are failure-to-warn claims; a company packaging a tea kettle inadequate warnings about how the steam valve’s positioned, for example. Inadequate instructions are failure-to-provide-adequate-instructions claims. Often, inadequate instructions and warnings go hand-in-hand. If that tea kettle company allowed the kettle to leave its factory with inadequate instructions, it’s liable for any damage.

For information about accidents, personal injury, employment, and insurance related legal services, call Fox Law Office, at (855) 324-3684. Follow us on Facebook for updates. We are happy to describe more defective product liability claims examples.