The 3 Types of Product Liability Cases Consumers Should Know About

Product liability cases involve consumers who were injured because of defective or unsafe products. These cases protect the public from unsafe products by holding the manufacturer, distributor, and seller accountable for their negligence. Whether it is physical, damage to property, or financial, product liability cases allow consumers to seek justice.

If you suffer any harm due to a defective product, contact product liability attorneys immediately. These attorneys can offer the necessary legal guidance in order to get the compensation you are entitled to.

3 Types of Product Liability Cases

Below, we will explore the three main types of product liability cases to be aware of.

1. Design Defects

A design defect refers to a product that is intrinsically hazardous or flawed in design even before it enters the manufacturing line. Generally, in such cases, a whole product line is viewed as unsafe due to a flaw in its original design. When the product is used without any changes to such design defects, it may further cause unexpected injuries or damages.

A car manufacturer might create a vehicle with badly located airbags, which cannot save passengers during an accident. Consumers who are harmed as a result of a design flaw can hold the manufacturer liable. To establish a design defect claim, one must generally prove that there was a safer, feasible design that would have reduced the risk of injury.

2. Manufacturing Defects

Unlike design defects, manufacturing defects take place in the course of production or assembly. Even if a product is designed with safety in mind, issues in manufacturing can cause defects that make individual units dangerous to consumers. These defects can be caused by human error, faulty materials, equipment malfunction, or substandard manufacturing processes.

For instance, if a toy contains a small part that is badly assembled and presents a possible choking hazard, the manufacturer may be held liable for the manufacturing defect. In these cases, the claim focuses on the individual product’s defect rather than the product line as a whole.

Consumers who suffer injuries from such defects can seek compensation for damages, provided they can prove that the defect was directly responsible for their injuries. In these cases, strict liability may apply, meaning the manufacturer can be held accountable without the need to prove negligence.

3. Failure to Warn (Marketing Defects)

Marketing defects refer to instances when a product is marketed without adequate warning or instruction about potential risks or dangers. This includes situations where a product's packaging or labeling fails to provide adequate safety instructions or ignores known hazards that could harm consumers.

For example, a prescription drug may fail to indicate side effects or a danger for a specific condition. When a consumer suffers injury because of these omissions, they can file a product liability action based on marketing defects. In such cases, the court considers whether the manufacturer gave proper instructions or warnings about the safe use of the product.

In order to establish an action for failure to warn, consumers must demonstrate that the manufacturer either knew or should have known of the risks and owed a duty to give adequate warnings.