A product can be defective because of errors in production and because of the manufacturer’s failure to provide adequate warnings and instructions.
Product manufacturers, retailers and distributors have a responsibility to provide consumers with functional and safe products. The victim could have grounds for a product liability claim if a product defect causes damage to a product user. Product liability law is familiar with 3 categories of defects that manufacturers can be liable for.
1. Manufacturing issues
Manufacturing defects occur by accident for the duration of production or quality assurance procedures. The product with a manufacturing defect deviates from the manufacturer’s intentional design. A common example of a product with a manufacturing defect is a contaminated batch of medicine.
A product that has this type of defect doesn’t share the same properties as other products in the same line. The associated dangers aren’t evident in the properly produced items because the defect isn’t systematic. Because of that reason, in declares involving manufacturing defects, injured parties commonly have to produce the specific product responsible for the injury.
2. Flawed design
Defects in design result in an whole line of properly made products with damaging flaws. Products with design defects are dangerous or defective when they are used as the manufacturer intended. Airbags that don’t arrange properly, in spite of having been produced precisely to manufacturer specifications, have design defects.
Dangers associated with using a product doesn’t provide as automatic proof of a design defect. Some products are inherently dangerous, even when they are properly designed and used as intended. For example, if you use a chainsaw, it creates a threat of injury, no matter how well the chainsaw is designed. However, as seen on johnbales.com, injury victims can make declares if these products could practically have been designed in a different way to reduce any intrinsic dangers.
3. Inadequate warnings
A failure of manufacturer to warn of potential dangers or provide appropriate product use instructions represents a 3rd type of defect. So, for example, if a drug maker doesn’t advise consumers of side effects or contraindications, the drug is out of order. Injury victims usually must establish the following facts in failure-to-warn claims:
• The danger wasn’t understandable to the consumer. Manufacturers are usually not required to warn users of risks inherent to the purpose of product. The risk of matches starting a fire is considered apparent, for example.
• The injury victim was using the product as proposed or misusing it in a expected fashion. A manufacturer may not be responsible legally if a consumer’s injury produced from an unpredictable and incorrect use of the product.
• The warning of manufacturer wasn’t clear or obvious. If a warning is present, but it isn’t easily visible or understandably worded, it may not be considered as adequate.
Manufacturers have a responsibility to perform ongoing tests and research to expose product flaws. Then, manufacturers may be held responsible for failing to warn of defects that were unidentified but should have been discovered.