Three types of product defects that may lead to liability claims

On Behalf of | Nov 30, 2023 | Product Liability |

Product liability claims arise when consumers are harmed by defective products. Understanding the types of defects that can lead to such claims is crucial for consumers seeking justice and companies aiming to ensure the safety of their products. Here, we delve into the three main categories of defects that may give rise to product liability claims.

Design defects

Design defects occur when a flaw in the product’s initial design makes it inherently dangerous, even if manufactured and used as intended. In these cases, the entire product line may be deemed hazardous.

For example, a vehicle design that makes it prone to tipping over or a household appliance with inadequate safety features may be considered defective in design. To establish a product liability claim based on a design defect, it must be shown that a safer alternative design was feasible and would have prevented the injury without compromising the product’s utility.

Manufacturing defects

Manufacturing defects arise during the production phase, resulting in individual products that deviate from the intended design. These defects can stem from errors in assembly, subpar materials or other issues in the manufacturing process. Unlike design defects, manufacturing defects affect only a portion of the product line.

For instance, a batch of medication contaminated during production or a car with a faulty brake system due to an assembly error are examples of manufacturing defects. To pursue a product liability claim based on a manufacturing defect, it is essential to demonstrate that the specific product causing harm deviated from the intended design.

Marketing defects

Marketing defects, also known as failure to warn or inadequate instructions, arise when a product lacks proper warnings or instructions for safe use. Even if a product is well-designed and flawlessly manufactured, if consumers are not adequately informed about potential risks or the correct usage, it may lead to injuries.

Examples include pharmaceuticals without proper warnings about potential side effects or household products without clear instructions on safe handling. Establishing a product liability claim based on marketing defects involves proving that the lack of warnings or instructions directly contributed to the consumer’s injury.

What is your legal recourse for these defects?

Knowing about these types of defects is crucial for people wanting to take legal action and for companies wanting to make their products safer. If you think a faulty product hurt you, talking to a lawyer can help figure out if you have a case and if you could get compensation for medical bills.

Ultimately, a proactive approach to product safety benefits both consumers and businesses. It fosters a marketplace where everyone can trust that products work well and will not cause harm.