Defective Product Injury

A defective product injury occurs when an illness or physical harm results from a product that functions improperly or is accidentally misused due to improper labeling. Products that could cause a defective product injury are almost limitless and include hygiene products, automobiles, toys, prescription and over-the-counter medications, cleaning products and beauty products. Injuries from defective products may occur instantly or over the course of years, as is often the case with defective medications and hygiene products.

There are four basic theories on which defective product injury claims are based:

1. Manufacturing defects
The injury resulted from a defect caused by improper manufacturing or assembly.

2. Design defects
The injury resulted due to a product design that lacked proper safeguards.

3. Improper labeling
The injury was caused as a result of labeling that did not sufficiently indicate the product’s proper use or failed to warn of the product’s possible side effects.

4. Breach of warranty
The injury occurred because the product did not perform according to its expressed or implied warranty.

Contacting an experienced personal injury attorney is the best way to assess your case and receive due compensation for your injury. In deciding whether or not to pursue legal action, always remember that the validity or your case is predicated on a product’s defect and not on your having sustained a greater versus a lesser injury due to its defectiveness.