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Guide to Different Types of Defective Product Claims

reading back of pill bottleWe use numerous products every day, from cars and cellphones to hair spray and hygiene products. We assume these things will be safe, but some products are defective and cause people to suffer injuries.

If you were injured by a defective product, you may be able to file a legal claim to obtain compensation for medical bills and other damages.

Below, Schmidt Kramer's defective product lawyers in Harrisburg describe the three different types of product liability claims. When you contact our firm, we will review your situation to determine the type of claim you may be able to file.  

1. Defective Design Claims

In this type of case, our attorneys will try to prove that the design of the entire line of products is inherently dangerous or defective. We will also need to establish a direct link between the defective design and your injuries.

There are numerous examples of defectively designed products, including:

  • Car airbags that are too thin to absorb the impact of a collision
  • Electric blankets that can electrocute users on certain settings
  • Cars that have a high risk of flipping over when turning

Medical products and devices can also have defective designs. Examples of these defective products include the Stryker Rejuvenate® Hip Stem and the Bair Hugger warm air blanket.

2. Defective Manufacture Claims

These are claims where we attempt to show that there was a problem with the way the product was made. In other words, the design of the product is fine but it was assembled in a way that made it defective and dangerous for consumers.

A common example of a manufacturing defect is one that causes instability in a product that is supposed to support a person's weight, such as the chain that holds a swing on a swing set or the frame of a bicycle. Another common example is food or medicine that was tainted with a poisonous substance.

Your attorney must show a causal link between the manufacturing defect and your injury. For instance, if you filed a lawsuit over a crack in the frame of your bicycle, you would need to prove that the crack in the frame caused your injury. If you were injured when you swerved off a sidewalk, your claim would probably not be successful.

3. Failure to Warn Claims

These are cases where your attorney tries to prove the product did not contain adequate warnings or instructions to prevent you suffering an injury.

Your attorney must show that the product is dangerous in a way that is not obvious or the instructions do not tell the user to exercise extra caution when using the product.

One of the most common examples of a failure to warn is a prescription or over-the-counter drug that does not warn users about the dangers of using it while on other medications.

Another example of a failure to warn claim is one involving a drug that does not warn users about some of its side effects. For instance, before May of this year, the diabetes drug Invokana contained no warning about the risk of kidney problems and ketoacidosis.  

Schedule Your Free, No Obligation Legal Consultation

Product designers and manufacturers have a legal obligation to create safe products and provide adequate warnings about potential safety hazards. When they fail to fulfill these obligations and people suffer injuries, they could be held liable for damages.

At Schmidt Kramer, we are committed to holding negligent designers and manufacturers accountable for the harm they have caused. We are also prepared to pursue fair compensation for victims.

Contact us today to find out how we can help you. We will review your situation in a free, no obligation consultation. If we take your case, we will only charge legal fees if you receive compensation.

Call us today at (717) 888-8888 or fill out a Free Case Evaluation form.