Types of Product Defects and Their Legal Implications Dhanashree Kankanwade June 16, 2023 YMK 254 Product defects can be a serious issue for both consumers and manufacturers alike. Injuries, property damage, and lawsuits can all stem from a defect in a product. As such, it’s essential to understand the types of product defects and how they may lead to legal implications. Defects in food, medications, or other products intended for consumption can have serious health consequences. Contaminated food items can cause food poisoning or other illnesses, while defective medications may have incorrect dosages or contain harmful substances. Such defects can result in severe health complications or even death. If you or a loved one was injured due to a bad product, hire a product liability lawyer to file your claim. The following is an overview of the various types of defects that could potentially cause harm. Manufacturing Defects Manufacturing defects occur when an error is made during the production process resulting in a product not meeting its intended design specifications. These errors typically occur during the assembly or fabrication of a specific component, which causes safety issues that could lead to injuries or damages. Manufacturers are strictly responsible for these types of defects under product liability law. This means the manufacturer is liable for any injury caused by the defective products regardless of whether caution was exercised at every production stage. Design Defects Design defects happen when poor design decisions result in products that could cause injury or harm while being used as intended and shipped into commerce. If there were another way to design the product without sacrificing its usefulness, then this would qualify as a design defect. A product lacking essential safety features can be considered a design defect. For instance, a car without adequate airbags or seat belts may pose a higher risk of injury during a collision. Under product liability law, victims injured from using this defective product can sue manufacturers because the designers failed to make safer choices regarding their design options. Warning Label Defects Warning label defects refer to situations where warning labels affixed onto products are inadequate due to absence and insufficiency, which result in consumers being unaware of certain hazards associated with using particular products. Before selling any items into commerce, manufacturers should adhere to specific regulations, including warning labels. Furthermore, compliance requirements include giving out warning information if it goes against reasonable expectations by an informed end-user. The manufacturer will be held accountable under strict liability law if an adequate warning isn’t provided before usage. Marketing Defects Marketing defect concerns instances where manufacturers mislead potential consumers through false claims, making promises they can’t keep, or exaggerating the qualities of their products. These issues could lead to an individual suffering harm. For instance, advertising a weight loss product as a “miracle cure” without scientific evidence to support the claim would be deceptive and misleading. The legal right for a customer to take action against product manufacturers who mislead them into purchasing is protected under product liability law. Manufacturers can be held accountable if it’s discovered that a product was defective upon being sold and had false advertising. Breach of Warranty This type of product defect happens when there is a violation of an express or implied warranty provided by a manufacturer related to the quality or performance level of their products. A breach warranty issue arises when customers start experiencing either poor-quality performance or reduced levels below market standards regarding the goods purchased. The responsibility to make sure these warranties are adhered to falls entirely on the manufacturer. Conclusion Product defects come in various forms – Manufacturing defects, design defects, inadequate warning labels, false advertising, and breaches in warranties, among others., each with specific legal implications. Businesses have a ‘duty of care’ towards their customers, overseen by law. If a faulty product has harmed you, you must seek legal representation to file a complaint. You are likely going to be financially compensated. SHARE THIS POST