Design Defects
Anytime a product is manufactured, it must first go through a design process. If the design was flawed, this could result in a dangerous product, even if it was made exactly how it was intended to be created based on the design.
In a design defect case, the plaintiff is alleging and must prove that every single product created in accordance with that design is unreasonably dangerous. In determining if the product is defectively designed, a jury is tasked with balancing the inherent risks of harm against the benefits of the product. If the potential risks outweigh the benefits, it will be considered unreasonably dangerous. This is referred to as the risk-utility test.
2. Manufacturing Defects
A manufacturing defect occurs when the product is in the process of being created. There is a flaw in the actual building of the product rather than the design. In this case, the manufacturer can be held liable for injury or death.
3. Marketing Defects (Failure to Warn)
Anytime you use a product, it entails certain risks. However, manufacturers are required to disclose any nonobvious foreseeable dangers that could arise from normal use of a product.