Find the Right Product Liability Attorneys

The companies that manufacture and sell products are generally responsible for making sure that their products are reasonably safe for their intended use. Products sold in the U.S. have to be free of defects. A defect is anything which makes the product unreasonably dangerous, even when it is used as intended. If a product has a defect, and the defect causes injury, the maker of the product is liable.

There are several types of defects that can lead to a products liability suit: they are design defects, manufacturing defects, and warning defects.

LegalMatch Law Library Managing Editor, , Attorney at Law

Finding the Right Product Liability Attorneys

A design defect, as the name suggests, is a problem inherent in the product's design. Even if the product is manufactured exactly to the design's specifications, it is still unreasonably dangerous. For example, a chair whose design calls for legs that are too thin to support the weight of an average-sized person would suffer a design defect, since it would be unsafe, even if it were manufactured perfectly. Read more.


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Manufacturing Defect vs. Improperly Manufactured

A product suffers from a manufacturing defect if its design is sound, but an individual product (or group of products) is improperly manufactured, making it unreasonably dangerous. For example, suppose the chair mentioned above is designed to support the weight of an average person, but because of an error at the factory, the wrong wood is used, making the chair breakable. It would then suffer from a manufacturing defect, and the manufacturer would be liable for any injuries the defect caused.

Warning defects usually affect products which are highly useful, but which have some dangers inherent to their very nature. Kitchen knives are a perfect example: they serve a useful purpose (food preparation), but they're sharp, and therefore somewhat dangerous. Yet, eliminating the source of their danger (their sharpness) would render them useless. Such products are required to carry warnings making users aware of the dangers they pose in ordinary use, and how to minimize those risks. If a product does not carry such a warning, and it can be shown that this caused an injury, the manufacturer is liable.

All products liability cases follow a theory of "strict liability," meaning that imposing liability does not require a showing of fault. It just needs to be shown that the manufacturer introduced the defect, and the defect caused an injury. It does not matter how careful the manufacturer was in avoiding defects.


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