Comparing the Three Types of Product Liability Claims
Claims involving pharmaceutical drugs provide a useful way of comparing the three types of product liability claims. If you are injured because the particular bottle of cough syrup you bought happens to contain 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.
By comparison, if taking that same brand of untampered-with cough syrup caused you to suffer a heart attack because of its normal ingredients, your claim would be based on a design defect.
Finally, 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.
By understanding these differences, you will better be able to identify your product liability claim and correctly present your case in court.
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