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Identifying Different Types of Product Defects

Published on September 9th, 2020

When it comes to buying and using products in America, consumers and manufacturers share the burden of safety. The consumer’s job is to read all warnings and instructions provided by the manufacturer and use the product as directed. By comparison, the manufacturer’s duty is more complex. When the consumer uses a product correctly and is harmed as a result, a lawsuit may be filed against the manufacturer for damages.

There are three types of product defects which can be litigated: design defects, manufacturing defects, and marketing defects.

Design Defects

A design defect typically occurs at the conception stage, though it can also be identified as an error in testing. It’s up to the manufacturer to ensure that the product is well-designed and tested for potential defects. In order for the company to be found liable for defects at this stage, the plaintiff must be able to prove that the risk was foreseeable and, in certain states, reasonably possible to prevent byway of an alternative design.

Manufacturing Defects

Even if the product was thoughtfully designed and thoroughly tested, mistakes can still be made in the manufacturing process. These defects are unintentional and the result of deviating from what was planned in the design. This could include factors such as errors in assembly or the accidental addition of contaminants. Manufacturers are strictly responsible for these types of defects and, in most cases, end up paying for the resulting medical bills of any injured party.

Marketing Defects

This category covers all aspects of communicating what the product does, how it should be used, and any safety warnings associated with its functionality. If a product has misleading advertisements, incomplete instructions, or other dangers not listed on its packaging, there may be a case for marketing defects. In some cases, even the clarity of ads or the exact placement of instructions may be called into question.

How Our Lawyers Serving Rockford Can Help

Did you recently purchase a product that caused you or a family member harm? You may have a product liability case on your hands. Our lawyers in Rockford can help you by parsing through the details of your case. We have represented many clients in personal injury lawsuits, including cases where manufacturers are found to be at fault. We offer free case consultations to all potential clients. Contact us today to schedule an appointment.

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