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How Product Design Defects Can Lead to Product Liability Claims: What You Can Do If You Have Been Injured

By: The Igwe Firm
August 02, 2016

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When an American consumer is injured as a result of having used or come into contact with a product, they can file a specific type of lawsuit known as a product liability claim. Product liability claims hold manufacturers and others who play a role in bringing the product to market legally responsible for the damage that the product has done, and provides the person who has suffered harm with compensation for their medical expenses, any lost wages, and in some cases for the pain and suffering that they have endured. Product liability lawsuits can also result in punitive damages, which are meant to send a message to the industry to show more care and responsibility. Product liability lawsuits are generally based on one of three basic types of defects:

  • Defects in the design of the product
  • Defects in how the product was manufactured or assembled
  • Defects in the way that the product was marketed, including its labeling, the instructions provided, or any safety warnings that may have been insufficient or missing

When a product liability lawsuit charges a defendant with design defects, it means that the problem originated when the product was still in the idea or planning stage. It charges the manufacturer with not having identified a flaw or error, and that failure resulted in a dangerous product being brought to market. If you or someone you love has been injured as a result of a defect in the design of a product, the personal injury attorneys at the Igwe Firm can help. We will fight for the compensation that you deserve.

When a product liability charges that a design defect was present and responsible for an injury, it means that the manufacturer should have been able to anticipate the damage that could be done and safeguarded against it or eliminated the potential for danger. In some cases the manufacturer is aware of the problem but chooses not to take action in order to save money. One of the most notorious examples of this was the case of the Ford Pinto, a vehicle whose gas tank was particularly exposed, and which was likely to explode when the vehicle was involved in a rear-end collision. Not only was the design defective, but the company was aware of the defect, yet produced the car with that design anyway. The result was 117 lawsuits filed against the company, one of which represented the largest jury award against an automaker at that time.  Though the punitive damages of $125 million were later reduced, they remained larger than any other previously awarded.

Manufacturers of all types of products have a responsibility to ensure that the products they offer consumers are safe. If you have suffered an injury as a result of a poorly designed product, call the Igwe Firm today to set up a free consultation. We will review your case to determine whether your rights have been violated and provide you with the legal representation you need to get you the compensation you deserve.

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