3 Legal Theories Of Recovery Under Product Liability
Three Legal Theories Of Recovery Under Products Liability
- The Manufacturer Screws-Up. Products Liability lawsuits are often the result of human error during the manufacturing process. It could be the result of when a defective part is introduced to a product or when a critical part is left out of the manufacturing process. If a claimant can prove your product deviated from design specifications, formulas or performance standards of the manufacturer, or from identical units manufactured earlier, you could be facing a huge products liability claim.
- Your Instructions Or Warning Are Lacking Clarity. Think about all the cultures and the languages of the people buying your product. Does the meaning of your warnings or instructions, when translated from the original language such as Chinese, English or Spanish really have the same meaning when translated to another language? Any confusion over the wording in your instructions or warnings by the end user of your product could result in a successful Products Liability claim against your company.
- Your Product Has A Design Defect. Design defects are one of the most common forms of Products Liability lawsuits. It is every companys desire to invent or build a better mousetrap. All too often, in a manufacturers haste to introduce a product to market, key considerations on how the product will perform in varied conditions are not always contemplated. For example, an engineer or designer at a wheel company invents a compound that helps their wheels grip the road better, but fails to take in account all the conditions the wheel will be used. The result may be a wheel that performs well in mild to medium climates, but may fail and fall apart in hotter southern climates. Engineers and designers are often under pressure to introduce cutting edge products that give their company a competitive edge or simply allow them to keep up with their competitors. The story about the wheels is s true story. The company produced hundreds of thousands of wheels that were supposed to provide superior grip and was forced to pull all of their wheels off the market. Fortunately, in this case no one died.