The Three Kinds of Product Defect
Product liability sounds complicated, but it rests on a simple framework: three kinds of defect. Understanding them is the key to understanding whether you have a case.
Design defect
A design defect means the product is dangerous because of how it was designed — every unit carries the same flaw, even when built perfectly. Think of a vehicle prone to rollover or a tool without a needed guard. It is proven with engineering analysis of the design and whether a safer one was feasible.
Manufacturing defect
A manufacturing defect means a particular unit came out wrong — it deviates from the maker's own intended design because of an error in production. The design may be fine, but this unit was not built to it. It is proven by comparing the unit to the specifications.
Failure to warn
A failure to warn, or marketing defect, means the product lacked adequate warnings or instructions about a non-obvious danger. Even a well-made product can be defective if the maker did not warn about a hidden risk it knew or should have known about.
A product can be defective in more than one way
These categories overlap, and a single product can involve more than one — a defective design and an inadequate warning, for example. Identifying which apply shapes the evidence and the experts a case needs.
Frequently asked questions
Which kind of defect do I have?
It depends on the product and how it failed. Sorting out whether it was a design flaw, a manufacturing error, or a missing warning — or more than one — is part of the evaluation, usually with expert input.
Keep reading
This article is general information about Product Liability injury law, not legal advice. Every case is different — talk to a lawyer about your situation.
The law depends on your state
The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to product liability.
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