Types of Product Defects
Product defects are imperfections or flaws in a product that can cause harm to consumers. These defects can arise during the design, manufacturing, or marketing stages of the product’s lifecycle.
There are three main types of product defects:
Design Defects
Design defects are flaws in the product’s design that make it inherently unsafe. These defects exist even when the product is manufactured perfectly. Examples of design defects include:
- A car with a faulty braking system
- A power tool with an exposed blade
- A toy with sharp edges
Manufacturing Defects
Manufacturing defects are flaws that occur during the production process. These defects are not present in the product’s design but rather arise due to errors or negligence during manufacturing. Examples of manufacturing defects include:
- A car with a defective airbag
- A power tool with a faulty switch
- A toy with missing parts
Marketing Defects
Marketing defects are false or misleading statements made about a product that induce consumers to purchase it. These defects can include:
- Claims that a product is safe when it is not
- Claims that a product has certain features when it does not
- Claims that a product is backed by a warranty when it is not
Settlements and Trials
Negotiating a settlement in a product liability case involves discussions between the plaintiff’s attorney and the defendant’s attorney or insurance company. The goal is to reach an agreement that compensates the plaintiff for their injuries and damages without the need for a trial. Factors considered during negotiations include the severity of the injuries, the liability of the defendant, and the potential costs of a trial.
A product liability trial follows a structured process. The plaintiff presents their case, including evidence of the product defect, their injuries, and the damages they have suffered. The defendant then presents their defense, challenging the plaintiff’s claims or presenting evidence of alternative causes for the plaintiff’s injuries. The jury or judge then considers the evidence and determines whether the defendant is liable for the plaintiff’s injuries and, if so, the amount of damages to be awarded.
