A consumer product is considered “defective” when it has one or more flaws that make it unsafe to use in the intended manner. If the inherent design of a product poses unreasonable risks to consumers when the item is used in the intended way, that product is also considered defective.
There are three common classifications of product defects:
Defect in Design – When a consumer item poses unreasonable risks or dangers to users because of its design, that product features a defective design. In these cases, the product’s developers should have foreseen the inherent risks of the product’s design before moving to the manufacturing stage.
Defects in Manufacturing – Even products that are well designed may be defective. Sometimes products feature flaws that were unintentionally introduced during the manufacturing process. Manufacturing defects may be the result of the chosen building materials, assembly line mistakes, or managerial oversight.
Defects in Warnings – Labeling defects occur when products lack appropriate instructions, warning labels, or side-effect notices. If using a product presents consumers with some level of foreseeable risk and the company does not appropriately signal that risk to the customer, they may be financially liable.
These categories of defects are not mutually exclusive. A single product may feature multiple types of defects, leading to an elevated risk for users. Those designers, manufacturers, and wholesalers who distribute defective products can be held financially responsible for the injuries and damages that their products cause. This is true regardless of whether the company is aware of the relevant defects.
If you have been injured from using a defective item, call Shaevitz & Shaevitz Law Offices to speak with a skilled product liability lawyer.