As we stated yesterday, multiple parties may be legally responsible for a personal injury resulting from the use of a defective product, but there are essentially three different types of product liability:
- Design Defect — If a product has been manufactured as intended, a design defect indicates that concept behind the product is flawed. Courts will generally use one of two tests to determine if a design defect is applicable. A “risk-benefit test” determines whether the risks of danger in the product’s design outweigh the benefits. On the other hand, a “consumer expectation test” determines whether the product fails to perform as safely as a reasonable consumer would expect when used as intended. An engine that explodes when it overheats or a piece of equipment without a safety guard that causes the loss of a finger could both be found to be defects in design.
- Manufacturing Defect — These types of defects are typically some of the most obvious product liability claims. While a product’s design process might have taken every consideration in regards to safety, a manufacturing defect is typically the result of a failure in the production process. If a car’s braking system does not operate properly, a children’s swing set has a cracked link in the chains or a normally safe food was contaminated with a poisonous chemical, all would be examples of defects in the manufacturing process.
- Failure to Warn — Otherwise known as a defect in marketing, these types of claims involve a failure to provide warnings or instructions as to the proper use of a product. Warnings must be provided for any dangers likely to arise when the product is being used normally or in a way that could reasonably be anticipated—even it if is not a purpose for which the product was sold. If a manufacturer does not warn consumers of risks inherent in the use of a product, and the failure to warn causes injury, the manufacturer may be liable for whatever injuries result. For example, if an average-sized adult was injured after sitting in a chair designed to support only half his or her weight but the product had no warning, the manufacturer could be liable for failing to warn about the danger.
Above all, it is important to keep in mind that for each of these claims, your attorney must not only demonstrate that the product was defective, but that the defect caused your injury.
Moore Law Firm – Cincinnati injury attorneys