Types of Defective Product Liability Claims
Defective Product Liability Claims: Understanding Your Legal Options
When consumers purchase products, they have the right to expect them to be safe and free from defects. Unfortunately, this is not always the case. Defective products can cause serious injuries and, in some cases, death.
If a defective product has harmed you or a loved one, you may be entitled to compensation through a defective product liability claim.
This article will discuss the different types of defective product liability claims and what you need to know to pursue a claim.
Types of Defective Product Liability Claims
There are three main types of defective product liability claims: design defects, manufacturing defects, and marketing defects.
A design defect occurs when a product is inherently dangerous or defective due to its design. This means that the problem with the product is built into its design and cannot be fixed through changes to the manufacturing process. Examples of design defects include vehicles with faulty ignition systems and medical devices with design flaws.
A manufacturing defect occurs when a product is not manufactured according to the original design. This means that the problem with the product is not inherent to the design but rather a result of a mistake in the manufacturing process. Examples of manufacturing defects include toys with lead paint and over-the-counter medications contaminated with harmful bacteria.
A marketing defect occurs when adequate instructions, warnings, or safety information do not accompany a product.
This means that the problem with the product is not inherent to the design or manufacturing process but rather a result of inadequate information provided to the consumer. Examples of marketing defects include power tools without safety guards and prescription drugs without proper warning labels.
What You Need to Know to Pursue a Defective Product Liability Claim
To pursue a defective product liability claim, you must prove that the product was defective and that the defect caused your injury. This can be a complex process, and working with an experienced attorney who can help you navigate the legal system is important.
To prove that the product was defective, you will need to gather evidence, such as the product itself, any instructions or warnings that came with the product, and any testing or inspection reports related to the product. You will also need to provide evidence of your injury, such as medical records and photographs.
It is also important to note that there are time limits for filing a defective product liability claim, known as statutes of limitations. These time limits vary from state to state, so you must consult with an attorney as soon as possible after your injury.
If a defective product has harmed you or a loved one, you may be entitled to compensation through a defective product liability claim. Understanding the different types of defective product liability claims and what you need to know to pursue a claim can help you make informed decisions about your legal options. It is always recommended to consult with an experienced attorney who can help you navigate the legal system and ensure that your rights are protected.
EzriCare and Delsam Artificial Tears: A Case of Product Liability
In recent medical product news, the EzriCare and Delsam Artificial Tears recall stands as a significant example of product liability. In February 2023, Global Pharma Healthcare issued a recall for these products due to potential bacterial contamination.
A Potentially Dangerous Contamination
The recall came after reports of infections caused by a rare strain of Pseudomonas aeruginosa, named VIM-GES-CRPA. These infections led to serious eye complications, including vision loss, and in some cases, even death.
Manufacturers hold a duty of care to ensure their products are safe for use. In this case, the FDA found that Global Pharma Healthcare failed to comply with current good manufacturing practices, which include proper testing for bacteria, use of adequate preservatives, and assurance of tamper-evident packaging. These shortcomings point to a clear breach of their duty, making this a significant case of product liability.
The Role of Legal Action
Affected individuals have the right to seek compensation for their injuries through product liability lawsuits. These claims can be pursued on various grounds, including manufacturing defects, design defects, or a failure to provide adequate warnings or instructions. If you’ve suffered an eye infection or vision loss after using EzriCare or Delsam Artificial Tears, it’s important to consult with a legal professional for a comprehensive understanding of your options.
The EzriCare and Delsam Artificial Tears recall serves as a reminder of the critical importance of product safety and the consequences when manufacturers fail in their duty to ensure it.