3 Types of Defective Product Liability Claims
No product you purchase should ever cause harm when it’s used correctly. However, product defects lead to many serious injuries and even deaths. Manufacturers who fail to properly test or label their products must be held accountable. Let’s take a look at the three types of defective product liability claims, and what to expect when you’re pursuing a liability lawsuit in Arizona.
Three Types of Defective Product Liability Claims
1: Manufacturing Defect
A manufacturing defect refers to some type of error that occurred while the product was being made. For instance, a step may be skipped during the process, chemicals may spill onto the assembly line, or bits of a deteriorating machine may fall into the product. As a result, the product is dangerous to use for its intended purpose.
In order to pursue a manufacturing defect claim, you must be able to prove that the defect led to your injury, a loved one’s injury, or a loved one’s death. If you were misusing the product (such as driving recklessly, standing on a chair, etc.), you may not be able to prove that the product was at fault, despite its flaws.
Examples of manufacturing defects include:
- Damage that inhibits the structural integrity of the product, like a cracked chair leg
- Poisonous substances or other harmful contaminants in a product that is meant to be ingested, such as bits of glass in a TV dinner
- Missing essential components that would prevent injury, like brake pads
- Incorrectly installed electronics
- A product manufactured with outdated parts
2: Design Defect
Sometimes, the people who make a product fail to account for certain risks, such as a choking hazard or electrocution. If the design itself is flawed, the product can end up being dangerous even when used properly and perfectly manufactured.
Design defects affect a whole line of products, whereas manufacturing defects may only impact a certain batch or a single product. But just like manufacturing defects, you must be able to prove that the design defect led to an injury or death. For instance, you likely won’t have grounds for a product liability claim if you crashed a car that’s prone to flipping because you were texting while driving.
Here are some examples of design defects:
- A model of phone that is prone to exploding while charging
- A certain make of car that rolls over easily
- An electric blanket that causes electrocution when turned to a specific setting
- A crib with bars that are just wide enough for a baby to fit their head through
- A treadmill that pulls people, pets, and objects underneath the machine
3: Marketing Defect
Because it has to do with labeling, the final type of product liability claim is typically referred to as a marketing defect. The most common type of marketing defect is the failure to warn consumers of a potential risk that isn’t obvious. For example, a knife doesn’t need a warning because it is obviously sharp and dangerous. But it is less obvious that products like medications and cleaning solutions can cause injuries.
In a marketing defect claim, you must be able to prove that the manufacturer knew of the danger the product posed, that they had a duty to warn users of the hazard, and that the failure to warn is responsible for the injury or death.
Examples of failure-to-warn and other labeling issues include:
- A medicine label that neglects to list certain side effects
- A gadget that lacks directions on how to use it without causing injury
- Chemicals that are sold without proper instructions for handling safely
- A toy that doesn’t have warnings about potential choking risks
Scottsdale Product Liability Lawyer
Even if a product has already been recalled, you still deserve compensation if it caused your injury. The team of attorneys at Van Norman Law is experienced in all three types of product liability cases. We’ll fight for the best outcome for your case, so you can focus on your recovery. Give us a call at 480-481-0616 today to schedule a consultation.