Every year, defective products cause thousands of injuries in the United States. From faulty electronics to unsafe medications, these defects put consumers at risk.
When a product does not work as expected, the consequences can be serious. Some defects cause minor inconveniences, while others result in severe injuries or even fatalities.
Companies have a legal responsibility to ensure their products are safe before selling them to the public. When they fail to do so, consumers may have the right to seek compensation.
Product liability laws exist to hold manufacturers, distributors, and retailers accountable for selling unsafe products. These laws protect consumers from harm and encourage businesses to prioritize safety.
Victims may be able to recover medical expenses, lost wages, and other damages. Those who believe they have a claim should look for a product liability lawyer to guide them through the legal process.
The three primary categories of product flaws that may give rise to legal action are covered in the sections that follow.
Table of Contents
Design Defects
When a product’s design makes it intrinsically unsafe, that is a design defect. A design defect could make it unsafe to use even if it is constructed appropriately.
Examples of Design Defects:
- A car model with a high risk of rolling over due to a flawed center of gravity.
- A space heater designed without an automatic shutoff feature, leading to a fire hazard.
- A child’s toy with small detachable parts that pose a choking risk.
When a design defect is present, the entire product line may be dangerous, not just a single item. If a consumer is harmed due to a design flaw, they may be able to file a lawsuit against the manufacturer.
To succeed in a design defect claim, the injured party must show that an alternative, safer design was possible. If a manufacturer could have used a safer design without significantly increasing costs or reducing product functionality, they may be held liable.
Manufacturing Defects
When a product is safely planned yet an error arises during production, it is called a manufacturing defect. This indicates that the flaw only exists in specific products that were manufactured incorrectly, not in all of them.
Examples of Manufacturing Defects:
- A batch of prescription drugs contaminated with harmful substances.
- A bicycle assembled with faulty brakes that fail during use.
- A ladder with a cracked step due to poor materials or assembly errors.
Manufacturing defects can happen for several reasons, including poor-quality materials, lack of oversight, or mistakes on the assembly line. Unlike design defects, which affect all units of a product, manufacturing defects are limited to specific items that were not made correctly.
To win a manufacturing defect claim, a victim must prove that the defect occurred due to an error in the production process. If the defect resulted in an injury, the manufacturer or distributor may be responsible for damages.
Marketing Defects (Failure to Warn)
A marketing defect, also known as a failure-to-warn defect, occurs when a company does not provide proper warnings or instructions for using a product safely. Some products have inherent risks, but manufacturers are required to warn consumers about them.
Examples of Marketing Defects:
- A medication that does not include a warning about dangerous side effects.
- A cleaning product without instructions on handling toxic fumes.
- A power tool that lacks warnings about the risk of serious injury if used incorrectly.
Marketing defects often involve missing safety labels, unclear instructions, or misleading advertisements. When consumers are not properly informed about potential dangers, they may unknowingly use a product in a way that leads to harm.
To hold a manufacturer liable for a marketing defect, the injured party must show that the lack of warning directly contributed to their injury. If a company fails to provide essential safety information, they may be responsible for any harm caused.
Final Thoughts
Product defects can cause serious injuries and long-term consequences for consumers. Understanding the three main types of defects—design defects, manufacturing defects, and marketing defects—can help victims determine if they have a valid legal claim.
Seeking legal assistance is crucial when a defective product causes harm. A product liability lawsuit can help victims recover compensation for medical bills, lost income, and other damages. Holding manufacturers accountable also encourages safer product development and protects future consumers from harm.