If you have been injured while using a product that you purchased, you may have a product liability claim. These types of injuries are not uncommon, as thousands of consumers are injured each year from using a defective product. There are three basic types of defective product cases: manufacturing defects, design defects and failure to warn. Manufacturing defect claims can be difficult to prove. Here are some of the challenges you may face in proving these claims.
The basics of manufacturer liability
Consider a common product liability claim – the brakes on your car malfunction, causing you to have an accident. Strict liability in product liability cases requires that, even if the manufacturer did not intend for the brakes to malfunction, someone has to be held liable. So, even if the brakes were not negligently designed, there may still be liability. Yet, there are numerous factors that could have played a role in the accident, unrelated to the manufacturing of the brakes.
Don’t overlook possible contributing factors
What makes a manufacturing defect case difficult to prove is the existence of other factors that may have contributed to the injury. For instance, with the defective brakes claim, arguments could be made that, despite the defect, the driver’s failure to react in time may have been the actual cause of the accident. Or, perhaps the driving conditions played a role in the driver’s inability to brake in time. These types of arguments, if proven, can reduce or even eliminate recovery.
Can you preserve the defective product?
Another obstacle in proving a manufacturing defect claim is the ability to preserve the defective product as evidence. It is hard to prove something is defective if you cannot examine it. In car accident cases, for example, it may be difficult to examine the supposedly defective product after the crash if the vehicle was substantially damaged.
If you have questions regarding manufacturing defects, or any other product liability matters, please contact the experienced attorneys at Means Gillis Law, PC, either online or by calling toll free at (844) 870-1777.