Three Types of Product Liability Cases
Product defects and product liability are terms that are not very common unless you are dealing with a legal concern or case. If you were injured due to a defective product, you will need to become familiar with the different product defects and liabilities and what they mean to your case.
There are three main types of defects, which are:
- Design defect: A mistake or oversight in the design process may render a product defective and dangerous, even when used exactly as intended.
- Manufacturing defect: This is a defect that occurs during the manufacturing process that makes the single product different from the rest, or a full batch of products different than the rest and creates a dangerous or harmful defect.
- Marketing defect: If a marketing team mislabels a product, fails to include specific legally required safety labels, or does not warn of harmful ingredients, chemicals, or hazards, then it may be a case of marketing defect. A label that is fraudulent, contains errors, or inadequate would also be considered a marketing defect.
Product Defect Examples
Whether your defective product is a food, a children’s toy, or an automobile, each category has a set of safety standards to adhere to. Our product liability attorneys at May Rammell & Wells compiled a list below to help you determine which kind of defect applies to your circumstances and where the product went wrong before you purchased it.
Use these examples to determine which category your product falls under:
- Design Defects: A vehicle that has a high chance of flipping over during certain driving maneuvers would be subject to product liability regarding design defect. A pair of sunglasses that magnifies the effect of the sun’s rays instead of shields from then would be design defective. Medical tools that harbor bacteria or germs even when washed or that have sections that cannot be properly maintained, causing patients to contract a virus would also be defectively designed.
- Manufacturer defects: Food borne illness that is the result of poor manufacturer health safety precautions is the result of manufacturing defects. A children’s toy that can easily break into small pieces because the manufacturer left out one part would be manufacturing defective, or a vehicle that is missing child-proof door lock mechanisms has a manufacturer defect.
- Marketing defects: Tires that have an inaccurate PSI rating on their sticker, or that are missing tire specs, are marketing defective. Medicine labels that do not include contraindications or display incomplete instructions on amount or hours between doses would be marketing defective. If a food product is mislabeled as peanut-free, but contains trace amounts of peanut, that is a marketing defect that could cause a serious reaction or even death.
If any of the above defects are like or the same as one that caused your injury, you may have a product liability case. In these cases, your attorney can help you hold businesses responsible for their carelessness by proving breach of warranty, strict liability or negligence, depending on the details of your situation.
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If you or a loved one suffered injury due to a product defect, you have the right to seek monetary compensation. Not only will this help you cover medical bills, lost wages, and any additional costs, but it also holds the at-fault company responsible, as well. Your case may prevent others from suffering the same injury by bringing the issue into the light. Let our attorneys in Pocatello stand by you in court as you stand up for your right to safety and good health when it comes to the purchases you make.
Contact our team at (208) 623-8021.