Product Liability- Defective Products
A substantial number of product liability claims are attributed to defective products. Defective products are defined as those with design, manufacturing, or marketing flaws that can lead to harm or injury. Defects can be caused by negligence or other reasons, but are often unintentional. Most state laws include provisions for legal compensation to individuals who are injured as a result of a product defect.
Types of Defects
The primary categories of product defects are those found in design, manufacturing, and marketing.
Design- Design defects include those that would still be present regardless of whether manufacturing was done correctly. Cases involving defects in design focus on proving liability of those involved in the planning of a product’s production. Some courts allow the use of costs analysis to determine whether design alternatives would have prevented injury when making a case.
Manufacturing- Manufacturing defects are generally viewed as unintentional; however, under statutes related to strict liability, manufacturers are still viewed as liable if a defect is found to have caused injury. These types of defects occur during the assembly or production process. Liability related to manufacturing defects is often hard to establish, especially if multiple circumstances are present that could have played a role in causing an injury.
Marketing- Marketing defects may include issues with labeling or failures in warning consumers of potential dangers or threats. When issues are foreseeable, manufacturers have a duty to alert consumers and provide instruction for using a product in a way that avoids harm. Instructions and warnings must be visible and reasonably understandable for consumers. For example, if prolonged use of a product leads to electrical issues, this must be clearly stated.
Product Liability Claims
Those with specific questions about product liability claims, or the personal injury laws of their state, can consult with a qualified attorney in their area.
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