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  • Writer's pictureLeitner Varughese Warywoda

Three Types of Product Defects That Can Result in Product Liability

Product liability cases are complex and require a thorough understanding of the law in order to have the best chance of success. When someone is injured by a defective product, it is important to understand which type of defect may have caused the injury.

If you were injured by a product that you think was defective, contact Leitner Varughese PLLC. Our New York product liability lawyers will analyze the facts of your case and determine if you have the basis for a product liability lawsuit against the manufacturer, seller, and other liable parties.

Three Types of Product Liability Cases

According to the Legal Information Institute, are three main types of defects that can result in product liability: manufacturing defects, design defects, and marketing defects. Let's take a closer look at each one.

  1. Manufacturing Defects

A manufacturing defect occurs when something goes wrong during the production process, resulting in an unsafe or defective product. These can range from faulty components to improper assembly. For example, if a car was manufactured with faulty brakes that resulted in an accident, this would be considered a manufacturing defect-related product liability case.

  1. Design Defects

Design defects occur when there is an inherent flaw in the design of a product that renders it unsafe or defective when used as intended. For example, the entire line of cars has the same defect (e.g., faulty brakes).

  1. Marketing Defects

Marketing defects occur when there are inadequate instructions or warnings associated with using the product that causes harm to users. For example, if the prescription medication does not include a sufficient warning about potential drug interactions or side effects on its label, that could be considered a marketing defect-related product liability case.

Potentially Liable Parties in Product Liability Cases

In product liability cases, there are several parties that could potentially hold responsibility for the damages caused, including:

  • Manufacturer. The most obvious liable party in a product liability case is the manufacturer of the product. This can include both those who make and assemble the parts of a product and those who produce it as a whole.

  • Retailer. Retailers may also be held responsible for selling products with defects or failing to adequately warn consumers of potential hazards associated with using their products. Retailers generally have an obligation to ensure that all products they stock are safe for use and properly labeled so consumers understand any risks associated with using them.

  • Designer/Distributor/Marketer. In addition to manufacturers and retailers, designers, distributors, and marketers may also be held responsible in certain cases if they were involved in creating or marketing faulty products that resulted in injury or illness. All of these entities have an obligation to ensure that their products meet safety standards before sending them out into the public domain so consumers will not be at risk of harm or injury due to faulty designs or marketing practices.

Determining who is liable for your injury due to a defective product will depend on the specifics of your particular case, so you might need to consult with an experienced product liability lawyer.

Set Up a Free Consultation with a Product Liability Lawyer

If you believe you have been injured due to one of these types of defects, it is important to seek legal counsel so you can explore your options and protect your rights under the law. With experienced representation on your side, you will have a better understanding of your legal rights and remedies, as well as what steps need to be taken in order for you to obtain justice. Contact Leitner Varughese PLLC today to discuss your particular case. Call 212-671-1110 for a free case review.

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