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The types of product defects that can lead to liability claims

On Behalf of | Nov 21, 2022 | Product Liability

Consumer safety is a paramount concern. The government takes consumer safety so seriously that it established an entire division to ensure it. If a defective product injures a consumer, those companies may have some liability.

Understand the most common sources of product defects to determine if you might have a case.

Defects in design

The design of a product is the core of its existence. The product developer or creator is responsible for ensuring a safe design. This includes avoiding reasonable safety hazards such as exposed metal on a countertop roaster or an enclosure that conducts heat on a straightening iron. The designer or developer may be liable for injuries from a flaw in the original design.

Defects in production

Sometimes the best product design does not translate to the product at the end of the production line. Manufacturers may cut corners on materials to save money, creating a product that is inherently unsafe. Manufacturers may be liable for injuries resulting from design deviations, especially without authorization.

Defects in marketing

Marketing campaigns sell products. Delivering those marketing messages often means spotlighting that product in many ways. If a marketing campaign introduces a product used in a way that is unsafe and leads to an injury when you use it that way, liability often falls on the marketing team.

Product liability includes many different avenues for restitution. Sometimes, liability is shared. For example, when a flaw in the design gets worse due to a production change, both the manufacturer and the designer can share liability.