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What types of defects are possible in product liability cases?

On Behalf of | Feb 14, 2024 | Personal Injury

Consumers purchase products expecting those items to be as safe as possible while being used as intended. Unfortunately, there are times when issues can occur as a result of these products. If products lead to a consumer being injured, that consumer may opt to file a product liability claim.

Understanding the various types of actionable defects is crucial for determining responsibility and seeking remedy. They are categorized into three main types: design defects, manufacturing defects and marketing defects. Each type has unique characteristics and implications for assessing and proving liability.

Design defects

Design defects are inherent flaws that exist before the product is made. This means there was something fundamentally unsafe about the product’s blueprint, making it dangerous regardless of how well it was made or how closely it followed the intended design.

To prove a design defect, it is often necessary to show that there was a safer, feasible alternative that the manufacturer could have chosen instead. This type of defect points to the initial stages of product development, suggesting that the error could have been avoided with a better design.

Manufacturing defects

Manufacturing defects occur during the production or assembly of the product. These defects deviate from the product’s intended design, even if the design itself is safe. In these cases, the issue arises from an error or failure in the manufacturing process, leading to a product that doesn’t meet the safety standards expected.

Identifying a manufacturing defect typically involves comparing the faulty product to others produced correctly. This can show the specific danger caused by the manufacturing process.

Marketing defects

Marketing defects, also known as failure to warn defects, involve the failure of the manufacturer to provide adequate warnings or instructions about the product’s use. This category addresses the information provided with the product, including necessary precautions, instructions or warnings to prevent foreseeable injuries.

Even if a product is flawlessly designed and manufactured, a lack of proper warnings can render it dangerous for consumers. These defects highlight the importance of clear communication and education regarding potential risks associated with a product’s use.

A product liability lawsuit is a complex undertaking. Seeking legal assistance can help to better ensure that this is an efficient and effective way forward per the unique ins and outs of an individual injury victim’s unique situation.