Product Liability

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Types of Defects in Product Liability Cases

There are three main types of Product Liability defects that can make a product dangerous:

1. Design Defects

A design defect means the product was unsafe from the start. Even if the product was made correctly, the design itself makes it dangerous to use. For example, if a car’s brakes are designed in a way that makes them fail under certain conditions, that’s a design defect.

2. Manufacturing Defects

A manufacturing defect happens when something goes wrong while the product is being made. Even if the design is safe, a mistake during production can make the product dangerous. For instance, if a toy has loose parts that could be a choking hazard because of a manufacturing error, that’s a manufacturing defect.

3. Marketing Defects

Sometimes, the product itself might be safe, but the warnings or instructions are not clear. If a product doesn’t have proper warnings about how to use it safely, or if the risks aren’t clearly explained, this can lead to injury. This is called a marketing defect. For example, if a cleaning chemical doesn’t include a warning about harmful fumes and you get sick from using it, that’s a marketing defect.

What Are Some Examples of Product Liability Cases?

Here are some common examples of cases where people have been hurt by defective products:

• Faulty car parts: If a brake or airbag fails because of a defect and causes a crash, that can be a product liability case.
• Dangerous household items: If a kitchen appliance has a wiring issue that causes a fire or electric shock, that could be a product defect.
• Toys with choking hazards: If a toy for small children has parts that break off easily and cause a child to choke, the manufacturer could be held responsible.
• Medical devices: If a pacemaker or hip replacement device fails due to a design flaw, that could be a serious case of product liability.
• Harmful chemicals: If a product contains toxic substances and the company didn’t warn users about the risks, you may be able to file a claim.

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