When a San Antonio personal injury lawyer meets with a new client about a potential product liability claim, they explain several important characteristics about these types of personal injury cases. There are three main categories in which a products liability claim may fall. These include manufacturing defects, design defects and failure to provide warnings or providing ones that are inadequate about the product and its uses. In addition to showing the product was defective, you’ll also be required to prove that your injury resulted because of that defect.
A defectively manufactured product is one that features errors that occurred during its creation. The defect then makes it different than similar products sold by the company. This type of defect can include cracked part or foreign substances. As with all product defects, you and your San Antonio personal injury lawyer will need to be able to prove that defect is what caused your injury in order to prove your product liability claim.
When your product is defectively designed, that means the entire group or line of products made by the company is inherently dangerous due to problems with the design itself. When this design defect then poses a risk that is foreseeable to people who then try to use it for the use for which it is intended, liability may arise if the person is injured by it. An example of a design defect could include an infant’s crib which is designed in such a way that the baby can get stuck between the mattress and the side, or one in which the openings between the slats are too wide and the child can get trapped in them. Again, in order to collect on a defective design claim, you will be required to show that the design defect itself was the cause of your injury and not some other factor.
Inadequate Instructions or Warnings
A claim that a product has inadequate instructions or warnings is one that involves showing that provided instructions were not sufficient to warn you about the appropriate uses of the product or some type of hidden danger with it that is not immediately obvious. It can also include failing to warn about something that would require you to exercise additional caution when using the product. An example of this is a medication that does not warn appropriately about a dangerous interaction with another medicine. As with the other types of product liability claims, you and your San Antonio personal injury lawyer will only be able to recover in your case if you are able to demonstrate that your injury was caused by the inadequate instructions or warnings contained with your product.
An Illustration of the Three Different Types of Products Defects Giving Rise to Liability
Understanding the type of product liability claim you might have can be illustrated by looking at how a claim based on an over-the-counter medicine injured you could be based. If, during the manufacture of that product, a poison accidentally spilled a couple of drops into the bottle and then resulted in your injury, your claim would be a manufacturing defect product liability case. If the medicine was made in such a way that it was generally unsafe for anyone to take, and you suffered a severe medical problem as a result, your claim would be based on the product’s design defect. If the medicine was generally a safe one, but the manufacturer failed to include warnings about possible interactions with another specific medicine that you took, you would have the basis for a claim based on inadequate warnings or instructions. Once your San Antonio personal injury lawyer has identified the appropriate basis for your product liability claim, they will then draft your civil complaint in order to initiate your civil lawsuit. Companies are generally prepared to defend against such claims. You should expect them to raise a variety of different defenses in your case. They may try to claim that the defect in their product was not the cause of your injury. Often, they will argue that you were negligent as well, and your own negligence caused the injury you suffered. They may also try to argue that the manner in which you used the product was not one that was a reasonable use of the product, or that you assumed the risk by using it in a manner that was not intended. Prosecuting a products liability claim can be complicated, necessitating your seeking the help of an attorney who is experienced with plaintiff’s product liability cases. An attorney may help to gather evidence clearly demonstrating that the defective product caused your injury. They may do so by hiring experts to thoroughly review the product and document their findings. In this way, they may be able to negotiate a settlement for you without having to go through trial.
Contact a San Antonio Personal Injury Lawyer
To speak with a San Antonio personal injury lawyer about your case, call Brylak Law at (210) 733-5533.