Qualifying Your Claim

In most jurisdictions, attorneys, courts, judges, and insurers assess product liability based on:

• Design Defect: A product design incorporates a defect with the potential for causing injuries.
• Manufacturing Defect: The manufacturing process generates a potential defect.
• Labeling/Marketing Defect: The product includes defective or ambiguous wording in its labeling, packaging, instructions, and promotional materials.
• Missing or Inadequate Warning: The manufacturer recognizes that its product is inherently dangerous but does not adequately warn potential users.
• Warranty of Merchantability and Fitness: In selling its product, a manufacturer, distributor, or retailer offers an express or implied warranty that it is safe and fit for its intended use. A manufacturer, distributor, or retailer has few defenses to this strict liability standard.