Product Liability: Defective Design

From babies’ toys to medical devices, defective designs can cause serious injury and even death. Consumers rely on the accuracy of product labeling and assume that products will work as intended based on how they were designed – but unfortunately, this isn’t always the case.

Product liability lawsuits for claims related to defective design have been increasing throughout the years due to manufacturers cutting corners in order to meet profit goals, resulting in dangerous and often deadly outcomes when a product doesn’t function as described or expected.

What Are The Different Types Of Product Liability?

There are different types of product liability that a person should be aware of, including negligence, strict liability, breach of warranty, and faulty manufacturing.

  • Negligence is the failure to use reasonable care when producing a product or providing warning labels or instructions.
  • Strict liability often applies to dangerous objects like firearms and explosives and holds the manufacturer responsible regardless of whether they were negligent or not.
  • Breach of warranty occurs when sellers promote a product as safe or lasting for a minimum period of time under certain conditions but fails to meet these expectations.
  • Faulty manufacturing applies when there has been an error when making the product that results in harm to others.

What Are The Different Types Of Defects?

Product liability refers to the responsibility of a company or person for product-related injuries due to flaws in the design, manufacture, or marketing of the product. As a result, product defects can be categorized as either design defects, manufacturing defects, or marketing defects.

  • Design defects refer to flaws in the product development process which created an unreasonably dangerous end result.
  • Manufacturing defects describe instances when certain steps taken during production led to a faulty product reaching consumers.
  • Marketing defects include mislabeling and failure to provide adequate instructions and warnings associated with danger posed by using the product.

Keeping these different types of defects in mind can be helpful in determining who is responsible for paying for any harm resulting from a defective good or service.

How Do You Determine Whether A Product Is Defective?

Determining if a product is defective can sometimes be tricky, but there are certain things to look for that might indicate a defect. Generally, the most reliable way is to compare the performance of a product against its expected performance as outlined in any advertising or other marketing materials.

If the actual performance of the product deviates significantly from its expected performance, then it’s possible that the product is defective. Other signs of defects can include abnormal sounds or smells associated with the item, unusual visual imperfections, or even frequent breakdowns beyond what would be expected based on its age and typical use.

How Do You Determine Whether A Defect Product Is The Cause Of An Injury?

Determining whether a defective product is the cause of an injury is not always straightforward. One must consider several different factors to determine the likelihood that an injury was caused by a problematic product.

The technician looking at the product in question should inspect for physical defects or anomalies and consult with an experienced professional in the field to assess if any design problems exist. Additionally, reviews from other customers who have been using said item should be taken into account as this may help identify any undiagnosed challenges associated with the product’s functionality.
Legal recourse may be taken in certain cases to confirm that a defect did indeed cause significant harm. If you think you have been affected by a defective product, contact our product liability attorneys for information and expertise.

What Are The Different Types Of Injuries That Can Result From A Defective Product?

Product defect injuries can range from minor scrapes and bruises to catastrophic life-altering injuries like paralysis and death. Factors such as the intensity of the force, area of impact, how the product was designed, and where it was used all come into play when determining if a product has caused an injury.

Common defects that can cause physical injury include design flaws or manufacturing errors that render the product malfunctioning or unsafe for intended use, packaging issues, and failure to include necessary warnings about possible safety hazards.

Injuries caused by defective products could include deep tissue cuts, head trauma, herniated discs, broken bones and concussions. Consumers should always be aware that any misuse of products comes with a risk of potential harm, which is why it’s important to thoroughly read the manufacturer’s instructions before using them.

What Are The Trends In Product Liability Litigation?

Product liability litigation has been an ongoing problem in recent years, with a wide variety of consumer-related issues being litigated in court. The most common types of product liability lawsuits involve claims of false advertising or negligence, but trend cases have been rapidly changing.

As consumer demands have shifted to emphasize the importance of environmental responsibility and sustainable business practices, so too have the grounds for more traditional product liability disputes. Claims may be based on factors such as failure to meet standards for energy efficiency and associated truth-in-labeling policies, excess packaging that leads to higher consumption costs, and other highly specialized activity that consumers demand transparency on in the current marketplace.

What Should I do If I Have Been Affected By A Defective Product?

If you’ve recently purchased a product that has malfunctioned, caused your injury or property damage, you should take the following steps. First, secure the product and contact the manufacturer immediately. It is imperative to keep the defective product in a safe place to confirm the defect. Document everything and keep any receipts, warranties and paperwork associated with the purchase.

After that, consider filing a complaint with a consumer protection agency as well as pursuing a legal claim in state court through a qualified products liability attorney. While out-of-pocket expenses related to purchasing the item can be accounted for, additional compensatory damages for medical bills and pain and suffering may also be sought by filing a legal claim.
If you believe you have been wrongfully hurt or experienced monetary loss because of a defective product, get in touch with our product liability attorneys, today!

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