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Faulty Design vs. Failure to Warn


Product defects can be an inconvenience, and there are worse outcomes too, defects that lead to losses and harm. When an injury is sustained, seeking monetary damages is often necessary in order for a person to recover physically, emotionally and financially.

There are a range of product defect claim types, and understanding the distinctions between faulty design, failure to warn, and other claims is essential when pursuing compensation against product design companies. Product companies have their own legal teams, you need legal support on your side. Talk to a Delray Beach personal injury attorney about the categories of product defect claims and if your injury qualifies for compensation.

Three Main Product Defect Claim Types

Product defect claims typically fall into one of three categories; design defects, manufacturing defects, or failure to warn. Reviewing the nature of the defect is fundamental in determining the appropriate legal strategy for seeking compensation.

  • Design defects. When a flaw is inherent in the product’s design, making it unreasonably dangerous for its intended use, a design defect claim may be possible. These types of claims affect an entire line of products, not just isolated incidents, and it must be proven that a safer alternative design was feasible and would have prevented the injury.
  • Manufacturing defects. Injuries that are directly connected to a product defect that occurred during a product’s production phase, resulting in individual units or batches of products being different from the intended design, a manufacturing defect claim could move forward.
  • Failure to warn. Sometimes referred to as marketing defects, failure to warn claims arise when a product lacks adequate warnings or instructions, making it dangerous to users. Even if a product is designed and manufactured correctly, the absence of proper warnings or instructions can lead to harm and for a claim to be successful it must be demonstrated that the lack of warnings or instructions rendered the product unreasonably dangerous.

Securing monetary recovery in product defect claims involves proving the liability. Taking on a product design company can be a challenging task, especially considering these companies often have teams of attorneys dedicated to minimizing settlement amounts.

Work with an Experienced Attorney

Making the decision to work with a skilled Florida injury lawyer means you will have a professional on your side to guide you through legal complexities, gather evidence, and build a compelling case.

As soon as you contact a Delray Beach personal injury attorney they will begin to assess the circumstances surrounding your injury, collaborate with experts to evaluate the defect, and advocate for your rights. Lawyers have the knowledge and resources needed to counter the tactics employed by company legal teams to protect their clients.

Did a product defect cause you pain? There are a few different ways to access compensation, each type of claim requires a distinct legal approach. Share the details of your product defect injury with the experienced attorneys at Earnhart Law. With over 30 years of legal experience on your side, results are in reach. Call 561-265-2220 or contact us online to book your no-cost consultation.

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