Personal injury or other damages can occur due to the use of a defective product. Defective product claims generally fall into three categories. These are defective design, defective manufacturing or lack of adequate warnings. There are four major methods of recovery in the instance of a product injury:
- Tortious misrepresentation.
- Breach of warranty.
- Strict liability.
In a strict liability case, a person can recover damages for an injury without having to show that the manufacturer or seller was negligent. A product injury claim for defective manufacturing is a strict liability claim. A defect in manufacturing occurs when the product is not manufactured correctly and deviates from its original design.
Successful plaintiffs can obtain financial compensation ranging from hospital bills to lost wages. It has to be noted that defective manufacturing can occur when the manufacturer was not aware of the defect. Even though all reasonable care was taken in the manufacture of the product, a product injury claim for defective manufacturing may still arise. This is the purest example of the legal principle of strict liability.
Defective manufacturing cases can be particularly harsh on the manufacturer. Suppose that a car accident occurs involving the plaintiff whereby the brakes did not function properly. The plaintiff may recover compensation even though the brakes were not designed negligently or the manufacturer did not intend for the brakes to be faulty. However, at the same time, such claims can be difficult to prove if the plaintiff was contributorily negligent due to poor driving skills or traffic violations.
If you have been injured due to defective manufacturing in a product, you should consider contacting an experienced personal injury attorney so that you can have a better idea of the rights you possess in the matter.