A person injured from a defective product may be able to bring several types of claims against the manufacturer, wholesaler, store or person that sold the product. These claims are generally:

• That the product was defectively manufactured; or
  
• That the product was defectively designed; or
  
• That the product did not contain sufficient warnings or instructions.

Defective Manufacture

An injured person can claim in a product liability lawsuit that the manufacture of the product was different from the usual manufacturing process for that product. To make this claim, there must be proof that the manufacture of the product alleged to be defective was:

• different from the design specifications established for the product; or
  
• different from the design or manufacture formula established for that product; or
  
• the performance of the actual manufacturing process differed for that product from other identical products.

Defective Design

An injured person can claim in a product liability lawsuit that the product was defectively designed. To make this claim, there must be proof that the design of the product was:

• Not reasonably safe for its intended use (or unintended but foreseeable uses); and
  
• The product presents a risk of injury to users of the product or other people who might be expected to come in contact with the product; and
  
• There was another way to design the product to make it safer; and
  
• The benefits of the safer design outweigh any decrease in the product's usefulness and any increased manufacturing costs.

Defenses

A manufacturer or seller of a defectively designed product may be able to avoid a finding of strict liability by proving that:

• At the time that the product was manufactured or sold, there was no other practical or reasonable alternative design for the product that would have made it less dangerous and still useful for its purpose; or
  
• The ordinary person using the product would know that it was dangerous and would exercise care in using the product; or
  
• Although the product was dangerous, adequate warnings or instructions were included with the product.

Defective or Inadequate Warning

An injured person can claim in a product liability lawsuit that the product did not have a proper or adequate warning. To make this claim, there must be proof that the product was missing an adequate warning or instruction that:

• A reasonable and ordinary person in a similar situation would provide;
  
• Explains the danger of the product and the safe way to use it;
  
• The average user of the product can understand and follow.