Blog of Charles Bryan Alred
Product Liability: Types of Defects
Posted on July 30, 2016
In another post, we briefly discussed the elements of a product liability claim, including the types of defects that are alleged to prove fault, such as defective design, manufacturing defect, and failure to warn. The difference between these product defects is where liability is attributed in the chain of supply as well as the design of the product.
Defects in Design
Defects in design are inherent in how the product is made or designed, that is, all products designed in this certain way are all defective. These defects make the product unreasonably dangerous to the consumer due to the design flaw in all the products, even when being used for its intended purpose. Here, the manufacturer is the only party liable because fault can be attributed in how the manufacturer made the product. To prove a design defect, the consumer may, depending on the state, have to show not only that there is a foreseeable risk of danger, but also that there is a reasonable alternative design that the manufacturer could have adopted.
Manufacturing defects are those defects that were not inherent in the product design, they are unintended. These defects do not exist in all of the products and are considered mistakes in the process, departing from their intended design. The manufacturer here is also responsible for the defect, however, the consumer has the burden of proof in showing that the product has a defect.
Defects in marketing generally result from inadequate or failure to warn or improper instructions. To prove a marketing defect, it must be shown that the risk was foreseeable by the product seller at the time of marketing, a lack of warning made it unreasonably dangerous to the consumer, and there is a link between the failure to warn and the injury that resulted. Marketing defects tend to be the least common type of product defect, but can exist with manufacturing defects.
Contact Us for Professional Help
If you or someone you know was injured due to a defective product and want to explore your options of bringing a products liability claim, please do not hesitate to contact the experienced and knowledgeable team of attorneys at the office of Charles Bryan Alred, PC to discuss your case. Call our Tulsa office at (918) 745-9960.