Design Defects
Design defects are present in a product before it is even manufactured. These defects are inherent in the product’s design and are present in every unit that is produced. A product has a design defect if the design is unreasonably dangerous for its intended use and a safer design would have been feasible and cost-effective.
Some examples of design defects include:
- A chair that is designed in such a way that it easily tips over when someone sits in it
- A ladder that is designed in such a way that the steps are slippery
- A car that is designed with a high center of gravity, making it prone to rollovers
Design defect claims are typically brought as class actions, as the defect is present in every unit of the product that is produced. In addition, design defect claims can be brought against a manufacturer even if the manufacturer used reasonable care in the production of the product.
Manufacturing Defects
Manufacturing defects are present in a product because of an error that occurred during the manufacturing process. A product has a manufacturing defect if it deviates from the manufacturer’s intended design or specifications. In other words, the product does not turn out as intended because of a mistake that occurred during the manufacturing process.
Some examples of manufacturing defects include:
- A bicycle that was manufactured with a cracked frame
- A toy that was painted with lead-based paint
- A product that was contaminated with bacteria during the manufacturing process
Manufacturing defect claims are typically brought by individual consumers who were injured by the defective product. To recover compensation for a manufacturing defect, the consumer must prove that the defect was present when the product left the manufacturer’s control.
Marketing Defects
Marketing defects occur when a manufacturer fails to provide adequate warnings or instructions for the proper use of the product. A product has a marketing defect if the product poses a risk of harm that is not obvious to the user and the manufacturer fails to provide adequate warnings or instructions to mitigate this risk.
Some examples of marketing defects include:
- A cleaning product that does not have instructions on how to use it safely
- A medication that does not have a warning about a potentially dangerous side effect
- A tool that does not have a warning about the risk of electrocution if it is used in wet conditions
Marketing defect claims are typically brought by individual consumers who were injured because they did not have adequate warnings or instructions for the proper use of the product. To recover compensation for a marketing defect, the consumer must prove that the lack of warnings or instructions was the cause of their injuries.
How to Prove Product Liability
Product liability claims are generally based on the legal theory of strict liability. This means that the consumer does not have to prove that the manufacturer or another party was negligent in order to recover compensation for his or her injuries. Instead, the consumer only needs to prove that the product was defective and that the defect caused the injuries.
To prove a product liability claim, the consumer must show the following:
- The product was defective
- The defect made the product unreasonably dangerous
- The defect caused the consumer’s injuries
- The consumer was using the product as it was intended to be used
If the consumer can prove these elements, then he or she can recover compensation for both economic and non-economic damages, such as:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
- Emotional distress
In some cases, the consumer may also be entitled to punitive damages. These damages are not intended to compensate the consumer for any losses, but rather to punish the manufacturer for its conduct and to deter others from engaging in similar conduct.
Statute of Limitations for Product Liability Claims
Like all personal injury claims, product liability claims in New Hampshire are subject to a statute of limitations. This is a law that sets a time limit for filing a lawsuit. If you do not file your claim within the statute of limitations, your case will most likely be dismissed and you will be unable to recover compensation for your injuries.
In New Hampshire, the statute of limitations for a product liability claim is generally three years from the date of the injury. However, there are some exceptions that can extend this time limit. For example, if the injured consumer did not discover the injury right away, the statute of limitations may be extended.
Types of Product Liability Claims We Handle
At Upton & Hatfield, LLP, we have extensive experience handling all types of product liability claims. We have the skills, resources, and knowledge of the law to effectively handle even the most complex cases.
Our attorneys can conduct a thorough investigation of the facts and circumstances of your accident to determine the cause of the defect and who is at fault. We will then work tirelessly to hold the responsible party accountable and to recover the maximum compensation you are entitled to receive.
Defective Vehicle Parts
Defective vehicle parts are a common cause of product liability claims. When a vehicle part is defective, it can cause the vehicle to malfunction and cause an accident. Some vehicle part defects can also cause the vehicle to catch on fire, which can result in serious burn injuries or even death.
Some examples of defective vehicle parts include:
- Defective tires
- Defective brakes
- Defective airbags
- Defective seat belts
- Defective fuel systems
- Defective steering systems
In some cases, the manufacturer may have issued a recall for the vehicle or the part. However, if the recall was not issued in a timely manner or the manufacturer failed to notify the owners of the vehicle, the manufacturer can still be held liable for injuries that result.
Defective Medical Devices
Some examples of defective medical devices include:
- Defective hip implants
- Defective knee implants
- Defective pacemakers
- Defective IVC filters
- Defective defibrillators
Defective Consumer Products
Some examples of defective consumer products include:
- Defective appliances
- Defective power tools
- Defective children’s toys
- Defective cleaning products
- Defective furniture
Defective Prescription Drugs
Some examples of defective prescription drugs include:
- Defective blood thinners
- Defective antibiotics
- Defective painkillers
- Defective diabetes medications
Defective Recreational Equipment
Some examples of defective recreational equipment include:
- Defective bicycles
- Defective helmets
- Defective skateboards
- Defective rollerblades
- Defective trampolines
Defective Tools and Machinery
Defective tools and machinery can cause serious and life-threatening injuries to workers. When a tool or a piece of machinery is defective, it can cause the worker to suffer from amputations, crushed bones, and other serious injuries.
Some examples of defective tools and machinery include:
- Defective power tools
- Defective construction equipment
- Defective manufacturing equipment
- Defective farm equipment
What to Do After a Defective Product Injury
If you have been injured by a defective product, it is important to take certain steps to protect your health and your right to recover compensation. After an injury, you should seek medical attention right away, even if you do not think you were seriously injured. Some injuries do not have obvious symptoms right away, but they can worsen over time.
You should also take photographs of your injuries and the product itself, if possible. You should also save any packaging, receipts, or other documents that are related to the product. This can help establish that you were using the product as it was intended to be used and that the product was defective.
Finally, you should contact a Concord product liability attorney at Upton & Hatfield right away. We can help you seek fair compensation for your injuries and hold negligent manufacturers accountable.
Give us a call today at (603) 634-9560 to get started with a free consultation.
