Any product with a flaw of some kind can be considered defective. But the law recognizes three ways in which you may claim a product is defective:
- Design defects are problems included in the plan for making the product. A product is defective by design if, when the designers or engineers made the original plan for the product, they included some flaw that they should have known would lead to injuries. An example of a design defect might be a car with the gas tank placed very close to the back bumper, which can cause an explosion if the car is "rear-ended."
- Manufacturing defects are introduced during the making of the product. The design may be safe and free of flaws, but sometime in the process of manufacturing or producing the product, the product picked up a new problem. One example could be bacterial contamination at a meat-processing facility. The meat itself might be fine, but if the facility's equipment is tainted, all of the meat processed with that equipment could pick up the bacteria.
- Failure to warn is a defect in the way manufacturers instruct you to use the product. If the product could reasonably be dangerous when used correctly, the manufacturer has a responsibility to tell you about that danger. For example, if an over-the-counter cold medicine could make you too sleepy to drive safely, the packaging must tell you so. If it does not, the manufacturer is legally liable for any injuries that result.
You may claim more than one of these types of flaws in a defective products lawsuit. However, you will likely have to show that you did not misuse the product, that you followed the directions and that you were not negligent (extremely careless) in using it. Those are common defenses manufacturers may use in a defective product lawsuit.
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