Types of Defective Product Claims

Product liability lawsuits can include one or more of the following claims:

• Defective design claims allege the poor or inadequate design and development of a product for intended, reasonable and foreseeable uses. These claims typically are made regarding products or a product line, even if they do not have manufacturing defects.  
• Defective manufacture claims allege a fault in an individual item as a result of the manufacturing and inspection process.
• Failure to warn claims allege marketing defects, inadequate warnings or insufficient instructions for the consumer regarding how the product should be used.

Common Product Liability Theories

Product liability laws vary by jurisdiction and may limit the types of claims that may be brought in court. At Motley Rice, we investigate each case to uncover the facts and relevant evidence related to our client’s catastrophic injury. Our review and discovery efforts allow us to develop the strongest case possible within product liability legal theories: 

• Negligence claims allege the defendants produced, distributed or sold a product that was unfit for reasonable, foreseeable use. These claims are based on the duty a company has to protect their consumers by identifying potential defects during the design, manufacture and inspection of their products.
• Strict liability claims allege liability for the defendants once the product is proven defective, regardless of the steps they took to protect consumers.
• Breach of warranty claims describe the defective product as a broken “contract” between the manufacturer or vendor and the consumer.
• Failure to warn claims allege marketing defects, inadequate warnings or insufficient instructions for the consumer regarding how the product should be used.

If you are interested in exploring your legal rights as related to a catastrophic injury or event, contact attorney Anne McGinness Kearse or Kevin Dean by email or call +1 800.768.4026.