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Differentiation between Types of Product Liability

 

Example: Pharmaceutical Drugs

To understand the differences between the three types of product liability, pharmaceutical drugs is taken as an example to make a comparison between them so that you will be able to identify your product liability claim and correctly present your case in court.

Types of Product Liability Claims Situations of failure products
Design Defect If you took the uncontaminated cough syrup which caused you to suffer a heart attack due to its normal ingredients, your claim would be based on a design defect.
Manufacturing Defect If you were injured because the particular bottle of cough syrup you bought contains several drops of arsenic that fell into it by accident at the factory where it was made, your claim would be based on a manufacturing defect.
Marketing Defects and Warnings If the cough syrup was made correctly and is generally safe for use, but you were injured because you combined it with aspirin and the label failed to warn that such a combination is dangerous, your claim would be based on a failure to warn.

 

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Last updated on 28 MAR 2010