The Three Types Of Product Liability Cases

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Thousands of injuries are caused by defective products annually. As protection for consumers, there is a set of rules under the umbrella term, “product liability law,” which makes it less difficult for the affected party to recover damages and serves as a reminder for companies to ensure the quality of the goods they manufacture or distribute.

Product liability cases can fall under three types:

Design defect

In design defect cases, there is something inherently dangerous or wrong with the product due to errors in design. For example, if a customer buys a household fan whose protective guards have unreasonably wide openings wide enough to fit a finger, an injury caused by the product can be the basis of a product liability suit.

Manufacturing defect

A defect in manufacturing is described by the Third Restatement of Torts as the creation of a product that “departs from its intended design even though all possible care was exercised in the preparation and marketing of the product.” An example would be the use of an incorrect bolt or nut that had less strength than the bolt or nut actually specified in the manufacturer’s design documents.

Image source: industryweek.com
Warning defect

Even if a product does not contain any design flaw or is manufactured properly, it can still be considered defective if there are insufficient instructions or warnings about its usageand potential dangers. Manufacturers and distributors are legally obligated to provide customers with instructions and warnings. Otherwise, injuries caused can result in a product liability suit.

Daniel E. DeKoter is an 'AV' rated lawyer, the highest rating a law professional can receive using peer review service at lawyers.com. Visit this website for information about his law firm.







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