What are the 3 types of compensable product defects?

On Behalf of | Oct 18, 2022 | Defective Products

As a consumer, you likely expect that the items you purchase will function as intended. Sometimes, however, design and other issues occur, which cause products to malfunction or otherwise put users at risk for serious injuries or death. Should you suffer harm due to a defective product, you may consider filing a lawsuit.

Understanding the types of product defect claims for which you can seek compensation will likely aid you in determining if you should pursue an action.

Design defects

According to the Illinois Courts, you may file a product liability lawsuit because of a defective design if the product’s design makes it unreasonably dangerous. For example, a power tool includes a safety guard. The way that the guard attaches, though, renders it ineffective at preventing serious injuries.

Manufacturing defects

Sometimes, issues with product functionality and safety develop during the manufacturing process. For instance, the automaker did not correctly attach the tires to your vehicle. Consequently, one came off while you were driving, causing you to lose control of your car and crash. You may argue that due to the imperfection in the manufacturing of your auto, you suffered the resulting injuries.

Warning defects

While some products may have risks with use, they should include adequate warnings. Without the proper warnings regarding the proper use of the product and the potential dangers, you may have grounds for a claim. If the product manufacturer or seller did not or should not have reasonably known about the risks, however, it may impede your ability to recover damages.

Navigating product liability cases often come with challenges, including proving the defect as compensable and relating the injuries to the product’s use. Therefore, if you have suffered injuries after using a dangerous or defective product, you may consider seeking legal counsel to learn more about your rights and options.

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