The greatest fear of any company that provides a good or service is receiving notice that a former customer is bringing a lawsuit that they will have to hire a lawyer to defend against. If your customer is alleging that your company’s product is defective, and that you should be responsible for their resulting injuries, you will have a product liability suit on your hands. There are several different types of product liability suits that your company could face, depending upon the alleged harm.
In legal terms, a design defect is a dangerous condition that arises when the consumer uses the product as intended and for its intended purposes. In other words, the customer can base their lawsuit against you on an alleged design defect if they claim that they were using your product exactly as you intended them to when you designed it, and they were still injured by it.
A customer can bring a claim based on manufacturing defects if they allege that the error that caused their injury arose during the manufacturing process. This means that the design of your product could be perfectly safe, but if a flaw in the materials or process used in its assembly supposedly causes harm, you could still face a suit.
Finally, there are product liability lawsuits based on warning defects. These arise when the design of the product and the manufacturing process were all satisfactory, but a person alleges that they suffered an injury based on an inadequate warning on the product or its packaging.
When you first receive notice of the impending lawsuit against your company, it’s important to figure out which type of product liability lawsuit it is. This will help you and your attorney to determine the most effective strategy for defending your company against it.