Should I File a Personal Injury Claim or a Product Liability Claim?

Faulty products can cause serious injury. In the last few years, many stories circulated about e-cigarettes causing explosions. The truth is, any product can cause harm.

When injured by a product, you will be faced with the decision to either file a personal injury claim or a product liability claim. Speaking with a personal injury lawyer in Philadelphia will help you decide which is better for your case. But we are going to cover some of the basics.

Both personal injury claims and product liability claims are designed to protect the right of the injured party so they can receive compensation to help pay for medical bills and other bills caused by the injury.

What is a Personal Injury Claim?

Personal injury claims are very common as they are filed when an injury occurs to the body, which includes the mind and emotions as well. These claims are often filed after someone has been injured due to a slip and fall or a vehicle accident.

If a product causes injury, a personal injury claim can be filed as well, but it might be best to instead file a product liability claim.

What is a Product Liability Claim?

To seek compensation for an injury caused by a product, you can file a product liability claim. But be aware that the product needs to be proven to be defective.


Product Design Defect

When a product is found to be a danger due to the design, then it would be a product design defect claim. An example would be a chair that only has 3 legs. Obviously, it can tip easily, causing injury, so from the start of the design, the product is deemed dangerous.

Product Manufacturing Defect

The most common product liability claim is a product manufacturing defect. This is when a product fails to perform safely, even though it says it is safe. Something usually happens in the manufacturing process to defect the product, making it unsafe. An example is a set of tires that are supposed to be safe on the road, but a defective tire ends up causing an accident.

Warning Label Defects

Most dangerous products come with a warning label. But if a product fails to produce one on a product and it does end up causing injury, you could file a warning label defects claim.

Keep in mind that it is the responsibility of the manufacturer to produce a safe product and if they do have any suspicion that a product is unsafe, they are responsible for putting a warning label on the product.

Kai Alana

The author Kai Alana