Types of Product Liability Claims
Product liability claims are generally put into three categories: design defects, manufacturing defects, and marketing defects.
- Manufacturing defects: Manufacturing defects are the most basic type of product liability claim and involve an error that occurs in the product’s manufacturing or construction, making the defective product different from other products in its line. Manufacturing defects cause a product to be different from its intended design, making it more dangerous than a consumer would expect it to be.
- Design defects: Design defects occur when a product is made dangerous due to an inherent flaw in the design of the product itself, rather than an error in its production. For example, a car that is highly prone to rollovers due to its top-heavy design would be a defectively designed product.
- Marketing / failure to warn defects: Finally, product manufacturers have a duty to warn consumers of all risks associated with the use of their products and can be held liable for any injuries that occur as a result of an undisclosed hazard. This area of law is commonly applied to claims involving prescription medications, as patients may take certain medications only to suffer adverse side effects that were not disclosed by the pharmaceutical manufacturer.