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Dangerous and Defective Products

The Different Types of Product Liability Claims

When a product that you’ve purchased, used or been exposed to has caused you physical injury or loss, you may have a right to seek compensation from a number of different parties, from the designer to the manufacturer to the wholesaler or retailer. This is known as a product liability claim.

Product liability claims generally fall into one of three types:

  • The product was defectively designed—This claim is based on the allegation that the product designer failed to take certain known or reasonably discernible risks into account when designing the product.
  • The product was defectively manufactured—This claim alleges that the manufacturer made a mistake in the production of the product. It may involve the use of substandard materials, the omission of key components or some other defect.
  • The product did not contain adequate warnings—This claim alleges that the product manufacturer did not adequately warn the potential user of risks that were reasonably foreseeable.

Most product liability claims are based on a theory of negligence. To recover under a theory of negligence in a product liability claim, you generally have to show four things:

  • You must have incurred injury or loss—it can be property damage or it can be personal injury (or both), but you can only recover for actual losses
  • You must show one of the three conditions above, i.e., defective design, defective manufacturing or failure to warn
  • You have to demonstrate that the design defect, manufacturing defect or lack of warning actually caused your injury or loss
  • You must also show that you were using the product as it was intended to be used

Contact Our Office

To arrange a free initial consultation with a Delaware personal injury lawyer, contact us online or call our office at (302) 777-1000. Evening and weekend meetings can be arranged upon request. We will come to your home or the hospital, if necessary.