Product liability is one area of law that is sometimes misunderstood because it can overlap with other areas of personal injury law. Anyone who is injured by a product should take a few minutes to familiarize themselves with product liability law to determine if they are going to file a claim based on this legal concept.
Type of defect matters
The type of defect that a product has might clue you into what type of product liability case you need to file. Defects in design and defects in manufacturing are two of the possible types that you might encounter when injured by a faulty product.
A defect in design means that there was something wrong with the planning process that led to the injury. There are some products that are considered unavoidably unsafe, which means that there isn’t anything within reason that a designer could do that would make the product safer. An example is a circular saw. The job of the saw and the nature of the work means that there is some risk of injury.
A defect in manufacturing means that something went wrong with the manufacturing process that made the product unsafe. An example of this would be a circular saw that was improperly manufactured, leading to an injury because of a weak blade guard.
Intent, function, and instruction
When you are using a product, you are expected to follow the warnings and instructions of that product. If there aren’t sufficient warnings or instructions, you might have a claim for a defect in warnings. This type of defect may be a bit more complex when it comes to filing a suit.
As a user of a product, you should use the product as intended. You might have a problem making a claim for compensation if you were trying to use a circular saw to cut a chunk of concrete and ended up getting hurt when it kicks back.
Workers’ compensation and product liability
Some workers, such as construction workers, have to work with dangerous equipment. If they are injured at work while using this equipment, a question of compensation might come up. Workers should remember that if they are injured at work because of a defective product, they can file a third-party claim regarding the accident. These third-party claims wouldn’t go through the workers’ compensation claims, but they might be made in conjunction with a workers’ compensation claim.
The personal injury lawyers of Brunton Law Office in Collinsville, IL can help you understand how to handle your claim if product liability and workers’ compensation intersect.