While the laws applicable to defective product cases varies from state to state, there are three legal theories common to all jurisdictions which may form the basis of a successful product liability case:
(1) Manufacturing defect. In such cases the injury was caused as a result of defect in the manufacture of the product. An example would be a bicycle which was built with a small crack in the frame, which breaks when used, causing an injury to the rider.
(2) Design defect. In these cases the injury was caused by a poor design (even though there may be no defect in the individual product itself). A common example would be a piece of industrial machinery which was built without proper safety or protection devices, and as a result a worker is injured while using the machine.
(3) Failure to warn, or "inadequate warning." These cases refer to injuries caused as a result of a product known to be potentially dangerous which was sold without a proper warning to the consumer. An example would be an over-the-counter drug sold lacking a warning on the hazards of use with certain other drugs, excessive consumption, or possible side effects from its use.
If you or a family member has been injured because of what you believe is a product defect, you should consult an attorney familiar with product liability / defective product cases at the earliest opportunity to protect you right of recovery.
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