What are the Most Common Grounds for Filing a Product Liability Claim?

by | Apr 9, 2015 | Lawyers

Recent Articles



A consumer can file a product liability claim when there is reason to believe that she or he was injured in some manner due to a defect in a purchased product. While the laws related to these types of claims can vary from one jurisdiction to another, the grounds for most cases will fall into one of three categories:

A Defect in the Design of the Product

When there is some sort of design flaw that led to harm to a consumer, it is possible to seek damages by filing a suit. This type of product liability claim will often assert that insufficient testing was done before the product was released for sale. If the plaintiff receives a favourable judgment, the court may order the product removed from the market until adjustments to the design are completed.

Failure to Manufacture the Product Properly

Another example of grounds for filing this type of claim has to do with how the product is manufactured. While the design may be fine, the production process is managed in a way that leads to some sort of failure of that product, and possibly an injury to the buyer. The basis for this type of claim could be that the manufacturer chose to utilize inferior products during the production process. If the claim proves to be true, the plaintiff is likely to receive a judgment that includes compensation. The defendant will likely be ordered to make some changes in how the products are produced.

Incomplete Instructions in Proper Use of the Product

Claims of this type can also result from a failure of the manufacturer to provide clear information about the use of the product. This will include the need to provide warnings about how the product can and cannot be used. If the court finds that the plaintiff attempted to use a product in a manner not prohibited by the information included by the manufacturer, there is a good chance of winning the suit.

For anyone who feels they have a liability claim against a manufacturer, it pays to seek advice from an attorney. After going over the events related to the situation, the attorney can provide the client with possible courses of action to take and suggest what type of outcome can be reasonably expected.

Related Articles