You were injured by a product, but you’re not sure if it was a defective product. What does defective mean?

A defective product is one that cause the user physical harm as a result of appropriate use of the product. A product that contains a defect, a design flaw or does not have adequate instructions or warnings and causes the consumer injury can be labeled a defective product.

These product liability claims can be separated into three categories:

1. There was a product defect during manufacturing
2. The inherent design of the product was defective
3. The product did not contain adequate directions or warnings to indicate how to properly use the product

If a user uses a product as intended and is injured as a result they may have a personal injury case. Defective products are often recalled after they injured a consumer.

Who is liable when a consumer is injured by a defective product?

Liability could lie with the manufacturer or the distributor of the products depending on the case.

How can a consumer prove product liability?

In order to prove a product liability claim the consumer must prove that the product had an inherent defect and that defect is what caused their injuries or damages. They must also show that they were using the product as intended because manufacturers or distributors will often try to win their argument by claiming that the plaintiff did not use the product as intended.

Consult with an experienced personal injury attorney to learn more about the case process.

For more information about defective products and product liability claims, send us a message.