Product defects are not only frustrating and inconvenient, but they can also be dangerous. If your fire alarm doesn’t go off, you may not be alerted to an important risk in your house. If a piece in your engine has a defect, it could keep your car from running properly or possibly even cause an accident.
When you experience a defect or issue with a product, you may need to take action with a product liability lawsuit. When you do so, you will need to determine which type of defect you are dealing with. There are three types of defects that may apply to you:
- Design defects – If there is a risk in the design of a product, but it still goes to manufacturing, the inventing company will likely be liable for the defects. Examples of design defects include products that could potentially cause injury, like catching on fire or having exposed blades.
- Manufacturing defects – A manufacturing defect is a mistake in the construction of a product, a change from the original intended design. In this case, the manufacturer will be liable for any injury or damage that results. Manufacturing defects can include missing pieces in a product, pieces that are incorrectly placed or damaged and extra components that are not supposed to be in the product.
- Marketing defects – A marketing defect is inaccurate or misleading marketing content surrounding a product. This can include incorrect labeling, a lack of instructions or a lack of safety warnings. The manufacturer must warn users of potential dangers and instruct them in using the product, so they may be held responsible for a marketing defect. For example, this includes a lack of warning signs that tell consumers not to touch hot or sharp areas of the product or instructions that don’t tell the user how to avoid fire hazards.
If a defective product injures you or causes other damages, you may be able to bring a lawsuit against the companies involved in creating and manufacturing it. Some product liability cases are difficult to prove, though, so you will need an experienced lawyer to help you in filing and fighting for your claim.