Different Types of Product Liability Claims

When you purchase a consumer product, whether it’s an appliance, a car, a toy or a tool, you expect that the company marketing the product has done appropriate testing to ensure the safety of that product. Unfortunately, that’s not always the case. In the rush to be first to the market, many companies cut corners, often with respect to product testing. When you have been hurt in an accident involving a dangerous or defective product, there are three different legal theories under which you can seek compensation. Here are some of the different types of product liability claims.

Negligent Design

A negligent design claim asserts that the product manufacturer failed to take into account design elements that posed unreasonable safety risks. Whether or not the product was negligently manufactured will have no bearing on liability for negligent design.

Negligent Manufacture

An assertion of negligent manufacture alleges some carelessness or breach of duty in the construction, assembly or fabrication of a product. This may involve the use of substandard materials, the failure to incorporate essential safety components into the product, or the failure to set up a manufacturing process that ensures that the item was correctly and safety built.

Negligent Marketing

When the manufacturer or distributor of a product knows or reasonably should know of any potential safety risks tied to a product, there’s a duty to adequately warn consumers. Typically, that’s through product labeling. A manufacturer can even be required to warn potential users about the risks associated with non-conforming or unintended uses of the product, if it’s reasonable to expect that a consumer would use the product that way.

Contact Metzger & Kleiner

At Metzger & Kleiner, we offer a free initial consultation to every client. For an appointment, contact our office online or call us at 215-567-6616 in Philadelphia, 610-435-7400 in the Lehigh Valley, or toll free at 866-847-4170.

We take all product liability claims on a contingency basis. We will only bill you attorney fees if we recover compensation for your losses.