- Appliances
- Auto parts
- Construction equipment
- Electronics
- Medications
- Medical devices
- Power tools
- Toys and games
Businesses often face legal issues that can prevent them from achieving their goals, such as:
- Negligence: A careless act that directly causes injury to another person
- Strict liability: A doctrine allowing someone injured by a defective product to recover compensation from the manufacturer or retailer without having to prove they were negligent
- Breach of warranty: Holds a seller accountable when a product does not work as intended and expressed in the warranty
Types of Product Defects
A product defect can develop at any point in the chain of distribution, from the time the product is first designed all the way to when it reaches stores shelves and is promoted in various advertisements. Under the law, product defects are categorized in three ways:
Design Defects
These defects are errors or flaws in the way a product is designed before it reaches the manufacturing phase. With this type of products liability claim, the product was designed as intended but problems with the design caused it to be inherently dangerous, even if used as intended.
Manufacturing Defects
These are problems that occur when a product is not manufactured as intended and deviate from the original design, making it dangerous for consumer use. Sometimes these are caused by flaws along the assembly process that may only impact certain products, as opposed to all of them.
Marketing Defects
Once a product is ready for the consumer to use, manufacturers, retailers, and marketers are responsible for instructing the public on how to use it safely. If those directions or warnings are incorrect, incomplete, or missing altogether, users can be hurt in accidents caused by marketing defects.
Consumer Responsibility and Product Injuries
Certainly, not every product injury falls into these three categories. Sometimes, consumers get hurt because they disregard a product’s directions for use. If you are hurt because you did not follow the manufacturer’s instructions or warnings, it is unlikely you can hold the maker or seller liable for your injuries.
Unavoidably Unsafe Products
In some cases, there are products that come with inherent risks and making them safer would remove their usability. Kitchen knives are a good example. Dulling them to prevent cuts and other injuries would take away their usefulness. When it comes to products like this, manufacturers still have the responsibility to include warnings about the risks involved and instructions for using them safely.
Proving a Products Liability Claim
If you feel you have a valid product liability claim, you need to show your injuries or losses are the direct result of problems with the way the product was designed, manufactured, or marketed. You also need to show you were not negligent in any way and used the product as intended. Deviating from the manufacturer’s instructions or not heeding warnings of potential risks can impact the success of your claim.
Damages for Product Defects
It is important not only for the plaintiff, but also for the general public, to hold companies involved with making dangerous products accountable for the flaws that endanger consumers. Damages are a means of compensating victims for their injuries. If you were injured by an unsafe product, you may be entitled to damages for physical pain and suffering, medical expenses, and lost income.
