Ive heard of claims of defective design and failure to warn — what are they?
Defective design is a claim based upon a product which, at the time it is sold, is in a defective condition or is unreasonably dangerous to the ordinary consumer. An example is a seller who designs a car seat which collapses, causing injury. Failure to warn is a claim based upon a manufacturer failing to provide directions for the safe use of a product and/or failing to warn the consumer against dangers inherent in product misuse. An example is a manufacturer selling a pain killer without any warning that use of the medication has side effects upon people with heart defects.
