When you start looking at product liability claims they can fall within three categories: 1) Defective Manufacturing 2) Defective Design 3) Failure to provide adequate warning or instruction for proper use of the product.
Defective Manufacture
A defective manufactured product—a flaw during the process of making the product—can be the most obvious in a product liability claim. A factory may have an error while making the product which may alter the usefulness and cause injury to the user. Some examples of these claims include:
- Cough syrup that is tainted with a poisonous substance
- Bottle of soda explodes in hand of waitress causing several cuts and nerve damage
- Agriculture product contaminated with pesticides or unsanitary standards and causes illness
Defective Design
Defective design differs from defective manufacture in that the claims do not arise from the manufacturing process but rather from the actual design of the product. A product can be inherently dangerous from the design of the product. For example:
- Car explodes during collision due to the design and placement of the gas tank
- An electric blanket that can cause electrocution when it is set on high
- Hip implants causing individuals serious problems because of the design
Failure to Warn or Instruct
Failure to warn or provide adequate instructions about the product’s proper use can be a real problem. Labeling on the product itself and also written owner's instructions must be clear and concise and also explain the dangers associated with the product. Elements of an effective warning include:
- Use a signal word (danger, warning, caution, notice)
- Identify the nature of the hazard (drowning hazard, electrical shock hazard, etc.)
- Identify consequences of failure to follow the warning (death by drowning, electrical shock, etc.)
- Express how to avoid the danger (turn off power, avoid open flame in the area, etc.)
- Pictures are often used, especially in multiple language situations
- The use of pictures or other alert warning symbols (exclamation point) may be combined with the signal word to provide the user with a clear indication of the level of the hazard
From hairdryers to chainsaws, these warnings are on most items you use. Failure to warn is a strict liability lawsuit and even a defendant who did not make or manufacturer the product can be held liable for selling or producing the defective product—even if their company or business did not act negligently.
Veracity Insurance understands the exposures of product liability and can help you protect your company against product claims. For more information, please contact us at 1-888-568-0548.