Personal Injury & Product Liability: The Difference

Personal Injury, Workers Compensation

We’ve all heard stories concerning hazardous goods, such as e-cigarettes or cell phones. They are prone to catching fire or possibly exploding, resulting in injury. This causes many people to be confused about the distinctions between a personal injury and a product liability lawsuit.

Obviously, after sustaining a personal injury, you should always consult with a personal injury incident lawyer to determine how to proceed with a claim. Meanwhile, here’s some information to help you understand the differences between a personal injury claim and a product liability suit.

Product Liability Claim

A product liability claim is filed when a person is injured as a result of a product. This occurs when a flawed product causes injury. Product liability claims are categorised into three categories.

Defective Product Design

This occurs when the engineering of a product is fundamentally hazardous or faulty. Defective design claims do not stem from a production error or omission but rather from the assertion that a whole range of products is inherently unsafe, even if the injury-causing device was manufactured to the company’s exact specifications.

Examples include an electric cooker electrocuting the operator when turned on, a car tipping over when making a turn, or a leaf blower that catches fire when run for too long.

Product Manufacturing Defect

Product liability cases involving defective products are the most common. When it comes to faulty manufacturing, the product in question has a substantial problem that makes it both harmful and distinct from its similar counterparts. Typically, the product is otherwise safe and has no flaws but becomes hazardous during the manufacturing process. For instance, a set of phones with the wrong battery or a juice box contaminated by machine pollutants.

Warning or Labelling Defect

Failure to warn lawsuits involves items that might be unsafe if misused, often in a way that is not immediately evident to the customer. The company is obligated to give warnings or directions that guide the customer to use the product in these situations properly. Common examples include a toy with small parts, medicine with potential side effects, a product that should be stored below a specific temperature.

Personal Injury Claim

A personal injury occurs when damage or injury to the human body occurs, whether physical or psychological. You can file a personal injury claim based on how you were injured.

Personal injury cases often involve people who have been wounded as a result of the carelessness of another. A driver texting while driving that causes an accident would very certainly be subject to a personal injury lawsuit.

The one thing that personal injury claims and product liability claims have in common is that they are both intended to safeguard the right of people who have been hurt to get compensation. An experienced personal injury attorney can assist you with the right type of claim from start to end.

Contact Franks & Rechenberg. P.C. Attorneys at Law to help with your case.