The 3 Types of Defective Product Claims

We are surrounded by products, from the cars we drive to the appliances that cook our meals. Although the majority of everyday products are completely safe, certain defects may create potential for serious injury or death. There are three types of defective product claims: design defects, manufacturing defects and marketing defects. Let’s take a closer look.

Design Defects

When using a product as intended results in an injury, it is possible that its design is defective. A design defect occurs when a product is poorly conceived or inadequately tested.

Examples of design defects could include:

• A children’s toy that uses loose, small parts, creating a choking hazard
• An SUV that rolls over during a normal turn
• A hair dryer that is prone to electrocution

Manufacturing Defect

Unlike a design defect, where an entire product line is faulty, a manufacturing defect only affects a certain percentage of products. A manufacturing defect occurs when an error in the manufacturing process results in an unsafe product.

Examples of manufacturing defects could include:

• Using the wrong screws or fasteners
• A drug containing improper chemical levels
• Faulty wiring in an electrical device

Marketing Defect

A marketing defect typically relates to the warnings, precautions and instructions that accompany a product. If the marketing materials are unclear, incorrect or missing, the manufacturer could be held liable for any injuries resulting from the product’s use.

Marketing defects could also relate to how a product is advertised and represented to consumers. If a company falsely represents a product as safe or disregards the hazards associated with using it, then it could be held liable for injuries caused by consumers who believed the advertisements.

Examples of marketing defects could include:

• An improperly labeled toxic substance, such as paint
• Misrepresenting the danger of power tools
• Prescription drugs that don’t adequately disclose possible side effects

Schedule a Consultation

Although some product defects are relatively harmless, others may leave you with a serious injury. Contact the product liability attorneys at Zevan Davidson Roman if you believe your recent injury was caused by a defective product. We’ll listen to your story and determine the best path forward.