Any consumer product can be found defective, from household items, motor vehicles, and prescription medication to firearms, toys, and food. Defects that can qualify for a defective product lawsuit include design, manufacturing/production, and marketing.
Design defects occur when the person(s) envisioning and constructing the product fails to catch an inherent flaw that will render every unit dangerous to consumers, such as airbags that explode into pieces, hip implant materials that break easily, or electronics that spontaneously catch fire.
Manufacturing defects apply when a product’s design is safe, but an error occurs during mass production that makes specific units dangerous. An example would be infant formula produced during a time when the factory was contaminated with bacteria but is safe outside those dates.
Marketing defects are found in the packaging and/or advertising of a product, such as a missing warning label about choking hazards in a children’s toy or an addictive medication that is touted as non-habit forming.