What Are the Types of Product Defects?
Product liability claims are built on the type of defect that caused the injury. To determine which defect caused your injury, your attorney will conduct a thorough investigation, looking into when and where you purchased or received the item, how you were using it at the time of injury, and what steps the manufacturer took to ensure the product’s safety. Most claims are built on manufacturing defects, design defects, or marketing defects.
Manufacturing Defects
Manufacturing defects occur in the production process. This defect typically only affects one or a few items out of an entire line of products. Issues can arise if there is an error on the assembly line, causing certain products to be different from others.
A car accident may involve an auto part manufacturing defect. For example, if the other driver rear-ended you because their brakes failed, the manufacturer may be liable—if it is determined that the brake failure was a result of a manufacturing defect.
Design Defects
Sometimes, an entire line of products is defective because of poor design. Whether miscalculations were made or a flawed design was left unchanged after discovery, the manufacturer can be held accountable for failing to take foreseeable risks into account.
For example, a medical device may be designed in such a way that components could break off inside a patient’s body. If a design defect was to blame, a consumer injured by the product may be entitled to a large settlement to cover their resulting medical expenses and other costs.
Marketing Defects
A marketing defect may involve a manufacturer failing to provide adequate instructions for how to use a product, or failing to warn consumers about a product’s risks.
A marketing defect claim may be appropriate if a consumer is injured by a household product that was not labeled as unsafe in certain situations. It’s important to note that manufacturers cannot be held liable for failing to warn of obvious risks—such as falling off a ladder that was constructed properly.
Dangerous Products and Warning Labels
The American National Standards Institute (ANSI) maintains regulations for safety symbols and product safety signs and labels. If a dangerous product does not have the proper warning label, the manufacturer could be held accountable. To meet ANSI standards, a warning label should inform the consumer of existing hazards, the severity of the risk involved with the product, the effects of the hazard, and how to avoid the hazard.
Some warning labels are known to be misleading, yet are left unchanged by the responsible party. If you plan to file a claim because you believe a warning label was inadequate, our attorneys will focus on building your claim around how the product caused you harm, the severity of your injuries, the level of duty the manufacturer owed to you, how much the label relied on your experience and knowledge, and whether the warning was clear enough to understand.