If you pay for a product, there is a reasonable expectation for that good to perform as advertised. Headphones should play music if plugged in. A new car should drive.
Not all products live up to their advertisements however, leaving customers feeling slighted. Thankfully, product liability laws protect consumers from manufacturers who sell faulty products. Cornell Law School identifies design defects, manufacturing defects, and defects in marketing as the three types of defects that fall under product liability. Here’s how attorneys know which defect a product falls under when it comes to product liability:
Design defect relates to any flaws in the planning or blueprint of the product. Justia reports a plaintiff has to “show the product posed a foreseeable risk of danger to a consumer using it for its intended purposes.” If a consumer uses a product as instructed and the product causes harm or fails to function as designed, an attorney likely can make the argument the product is defective in its design.
Manufacturing defect differs in that the product is dangerous and unsafe due to the way it was assembled. As Legal Match notes, manufacturing defects can include using wrong screws, bolts and fasteners to hold a product together; incorrectly installing circuit boards, causing an electric shock; and attaching parts incorrectly. Manufactures will occasionally hire a third party to assemble products so lawsuits may involve more than one company. Legal Match points out some states may have a limit on a plaintiff’s award. If a manufacturer can show a victim did not follow warning labels, a plaintiff may receive a lesser award.
Marketing defects refer in the manufacturer’s failure to inform a consumer on how to properly use a product. Legal Match says a company’s failure to use warning labels and tell consumers about potential problems are examples of marketing defects. Think of chainsaws, explosives and other products that can be life threatening if used inappropriately. These items usually come with detailed warning labels so users know of injuries they could sustain ahead of time. When the warnings are not accurate or incomplete, then serious injuries could arise.
Attorneys at Spencer Law Firm litigate product liability cases. If you feel you’ve been damaged by a faulty product, call Ashley Spencer at (888)237-459 to see what the Spencer Law Firm can do for you. You can also visit us at Spencer-Law.com or at our office at 4635 Southwest Freeway, Suite 900.