A product is defective when there is something wrong with it that prevents it from functioning as it should. Not all product defects cause injuries, but if a defective product does cause an injury, a product liability attorney can evaluate what happened and inform you whether you have a case.
1. Marketing Defect
A marketing defect isn’t a problem with the product itself but the way that it is presented. In other words, this type of defect involves instructions for use that are incorrect or missing or warning labels that are not clear about the risks of using the product.
To put it another way, a marketing defect is a failure to communicate information about the product needed to use it correctly and safely. Not all people think this information falls within the scope of “marketing” and therefore think this name is misleading. A more accurate term may be “labeling defects.” Nevertheless, the warnings and instructions may be considered an aspect of marketing, e.g., the warnings recited in commercials for prescription medications.
2. Design Defect
A design defect occurs when the concept behind the design is flawed. It also occurs when there is not enough testing done to determine that the product is dangerous before selling it. Because the concept itself is flawed, all the products based on it are likely to be defective. Therefore, a design defect may result in widespread recalls and redesign of the product to remove the defect and make it safe. The product may also be completely discontinued.
3. Manufacturing Defect
A manufacturing defect may not affect an entire product line because it is not a flaw in the design itself. This type of defect occurs while the product is made due to the introduction of a dangerous aspect or error during the process. Examples of manufacturing defects include:
- Missing components
- Toxic contamination
- Substandard materials
For example, a tire blowout could cause a car accident. A tire may be more susceptible to blowouts if it is made of a low-grade rubber. The design of the tire is sound, so there is no defect there. The problem lies in the material of which it is made, which makes it a manufacturing defect.
Personal injury attorneys understand the three different types of defects and can identify which type is responsible for your injury. This is the first step in holding the manufacturers responsible. Contact a law office to schedule a consultation.