Products liability occurs when a defective product winds up in the possession of a consumer. Product liability claims typically arise after someone has be injured by the defective product. Many people understand this definition, but what, exactly, does it mean? Where is the line drawn, and what constitutes a defect?
3 Types of Defects
There are three types of defects that can cause harm to consumers and lead to a liability claim. The first type is a manufacturing defect. Manufacturing defects occur when something goes wrong during the manufacturing process. The product may be well-designed, but a flaw in the manufacturing makes it hazardous. An example could be a contaminated bottle of prescription pills or poorly constructed knee replacement that breaks prematurely.
The second type of defect is a design defect. Unlike manufacturing defects, design defects exist from the very beginning of a products life. Even when manufacturing goes perfectly, the design itself is somehow dangerous to consumers. For example, a car may be prone to rolling because of a poor design.
The last type of defect is a marketing defect. Just as it sounds, marketing defects are errors in the way a product is sold to consumers. The product may fail to warn consumers of any potential dangers of using the product or fail to provide adequate instructions for use or assembly.
What to do if you are injured by a defective product
If you believe you were injured because of a defective product, it may be wise to speak with a products liability attorney. An attorney can help you understand whether you have a claim and how best to pursue it.
Source: FindLaw, "What is Product Liability?" Accessed July 10, 2015