• What are the Types of Product Defects?

    When pursuing a product liability case, it is important to understand what constitutes as a product defect and what the types are before filing a lawsuit. Each type of defect has its own unique aspects to be proven in court. Not understanding these aspects can lead to an unsuccessful case as it will be much more difficult to prove elements of an issue in which you are unacquainted. If you have been injured due to a product that has failed, you may have a claim due to one of the following defects.

    Marketing Defect

    For the layperson, marketing defect is a misnomer. In most cases, the issue isn’t in the traditional marketing as we know it. Instead, it lays in the packaging. When the warnings and instructions do not address certain dangers or are inaccurate, the company can be held liable for injuries that occur. This could be unclear instructions or warnings that don’t properly address specific dangers, or it could be as serious as no warning labels. If a reasonable person would not have known the danger based on the packaging, there is a case for product liability most of the time.

    Design Defect

    Sometimes, a product defect can go back to conception. If the defect was caused by a poor design, or they were not properly tested, the company that designed the product is liable for danger and injury that results. For instance, if a product was designed in such a way that a piece was sure to break off due to a lack of support or provisions against breakage, there is something wrong with the actual design of the product rather than with the warning labels or manufacturing process.

    Manufacturing Defect

    If there was nothing with the product design but something went wrong during manufacturing, the company that manufactured the product would be liable. This could be anything from a piece missing from a product to adding too much or too little of an ingredient. In this case, the defect won’t affect all products produced, as the design aspect was fine, but there will be batches of products that are defective.

    Depending on where it went wrong, the lawsuit and claim will proceed differently. Contact our team today to find out where you should start in your claim.

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