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Product liability: what is it, and what are the three types?

On Behalf of | Feb 3, 2023 | Dangerous Products

Product liability refers to the responsibility of a product manufacturer to protect consumers. There are three major types of product liability:

  1. Manufacturing defects
  2. Design defects
  3. Failure to warn

Manufacturing defects

This is the most common type of claim, and it is a flaw that develops while manufacturing the product, causing it to become unsafe. To claim a manufacturing defect, a person must prove that a flaw developed during the product’s manufacturing and that the product was responsible for the harm it caused.

Design defects

A design defect is a flaw in the product that was there from the very beginning. It means the product was dangerous even if used correctly and according to the directions.

A successful design defect claim requires proof that a design defect exists, that the flaw makes the product unreasonably dangerous and that this defect led to the person’s injuries.

Failure to warn

Failure to warn happens when the manufacturer fails to warn the product’s consumers about any dangers the product may cause. This is the argument or claim that people usually make when they believe that a prescription medication caused them harm, whether due to a side effect of taking the drug or a long-term health issue developed from taking the medicine.

When someone sues for failure to warn, they must prove that the product (for example, the prescription drug) posed a specific danger and that the drug manufacturer had a legal obligation to warn them of the threat but did not do so. They must also prove that the manufacturer’s failure to notify you led to real injuries.

Product liability lawsuits are claims involving products. If the people who sue are successful in their claim, they can recover compensation for the injuries and damage caused by the product.