The 3 Types of Product Liability Claims

Did you know that, for the most part, there are only three types of defective product claims in the United States? There can be others and they vary slightly. But for the most part, there are only three. And this is across all 50 states.

My name is David Salazar and I am part of the Safety Guardians. We have a YouTube channel and a Facebook group where we try to share insights about dangerous products, recalls, and product liability cases. Many of them have involved severe injuries or have the potential for severe injuries for you, the consumer.

I want to make sure that you are safe, knowledgeable, and aware of what’s out there, and what is potentially extremely hazardous in your homes. So let’s dive into the three types of product liability claims.


Defective manufacturing

The first one is defective manufacturing. Defective manufacturing means that you have to show that the product was defective due to an error when it was made. Let’s just say that a chain was made and there’s a weak link in the chain and it’s consistently manufactured to have weak links. Well, that’s a manufacturing defect that can be brought against the manufacturer itself.

Another example would be a shampoo that tends to burn people’s scalp as they’re putting it on their hair and caused them first to second degree burns. That is considered a manufacturing defect as well. These are types of things where the manufacturer, at its core level, did something wrong and you can go after them.


Defective design

The second type is defective design. Defective design is a little bit different in the sense that the product was made but its design is flawed or defective. Let me explain to you what I mean by that.

Let’s say you bought an above ground pool and it has a ladder that comes with the kit. You install the ladder and you notice that the ladder is extremely wobbly. Yet it says it’s supposed to support 250 pounds. But every single time somebody gets on it, they lose their balance and fall over.

In that instance, the design of that ladder is probably too narrow to be effective to be mass produced and sold to the public. That in itself would be a design defect for that type of product.


Failure to warn

The third type of claim you can bring as far as product claims goes is failure to warn. Failure to warn is a little bit different in the sense that they know that they’ve put out a product and they know how the product is supposed to be used. They also know that people were probably going to use it a certain way.

However, they fail to properly instruct you and/or warn you of the potential dangers that may come from using that product. For example, let’s say you’re using some kind of paint remover. They may not tell you that you’re supposed to wear gloves with it. This is just an example of failure to warn and a breach of implied warranties for these types of claims.


If you have been injured

My name is David Salazar. I’m an attorney based in Houston, Texas. I practice all over the country. If you have been severely injured because of a defective product which you think may cause harm to other people as well, let us know. Let’s have an open conversation and dialogue. I look forward to talking to you soon.