What are the Three Types of Product Defects?

What are the Three Types of Product Defects?

When you purchase a product, whether it’s a household appliance, a child’s toy, or a vehicle, you expect it to be safe and function as intended. Unfortunately, defective products can cause serious injuries, sometimes with life-altering consequences. In such cases, understanding the nature of the defect is crucial for determining liability and seeking appropriate compensation.

At The Jewkes Firm, we understand how overwhelming it can be to deal with the aftermath of an injury caused by a faulty product. Knowing the types of product defects can help you better understand your rights and the legal options available to you.

What Is a Product Defect?

A product defect occurs when a product is unreasonably dangerous or unsafe for its intended use. Defects can arise during the design, manufacturing, or marketing stages of a product’s life cycle. In product liability law, there are three primary types of product defects that can form the basis of a personal injury claim:

Design Defects — Inherent Flaws from the Start

A design defect exists when a product is inherently unsafe due to its design, even if it is manufactured perfectly according to specifications. The flawed blueprint or plan of the product makes the entire product line dangerous.

Examples of Design Defects

• A medication with a formulation that increases the risk of heart attack.
• A power tool designed without adequate safety features, leading to potential injuries.
• An automobile with a design that makes it prone to rollovers.

Legal Considerations

In legal terms, design defects typically are evaluated using the risk-utility test, which weighs the product’s risks against its benefits and compares it to safer alternative designs.

To prove a design defect, it must be shown that the product’s design poses an unreasonable risk of harm and that a safer alternative design was available at the time of manufacture.

Manufacturing Defects — Errors in the Production Process

Manufacturing defects arise during the creation or assembly of a product, deviating from the intended design. This means the product was designed safely, but an error or flaw happened during manufacturing, assembly, or packaging. Unlike design defects, manufacturing defects are typically isolated incidents affecting only a few units of a product line.

Examples of Manufacturing Defects

• A group of smartphones with defective batteries that overheat.
• A car with a defective airbag that fails to deploy due to a faulty component.
• A food product contaminated with harmful bacteria due to improper handling.

Legal Considerations

In such cases, the focus is on the specific product’s deviation from its intended design. Injured victims can hold the company responsible by proving strict liability or negligence.

Marketing Defects (Failure to Warn) — Inadequate Warnings and Instructions

Marketing defects, also known as failure to warn defects, arise when a product lacks adequate instructions or warnings about potential risks. These defects are particularly significant when the dangers associated with the product are not obvious to the user.

Examples of Marketing Defects

• A prescription medication that fails to disclose potential side effects.
• A household cleaning product without proper usage instructions or safety warnings.
• A children’s toy that lacks a choking hazard warning, despite containing small parts.

Legal Considerations

Manufacturers must offer clear warnings and instructions. Failure to do so can result in liability if the lack of information leads to injury.