Main Types of Product Defect

When you go to the store to buy an item you need, you should reasonably expect the product to perform as it is made. However, there are several things that can happen to the product, leading to its defectiveness. If there is something wrong with the item, there is a chance that it can hurt or even kill you or someone you love.

Interestingly, product liability laws are in place in state laws; they are not part of federal laws. Thus, the rules and regulations can change depending on the state. However, most states recognize the need to hold the source of a damaged product responsible. Thus, someone who sustains an injury with a misleading product or a family who loses a loved one due to a problematic item may be entitled to financial compensation to help alleviate the pain and suffering.

There are three main types of product defectiveness: design flaw, manufacturing abnormality, and "failure to warn." While these issues focus mostly on the original producer of a product, the distributor,  supplier, and even retailer can also be held liable for mishandling a product, leading to damage, or misleading a customer about the safety or uses of an item.

First, design flaw tends to be a difficult thing to prove due to the rigorous testing that an item undergoes before it is put on the market. However, if a design flaw is indeed found by the public, it can lead to a massive recall of the product by the company because it is not usually an isolated, one-item flaw. Thus, design flaws can often lead to mass torts or class action lawsuits as everyone harmed by a single design flaw take action against the corporation responsible.

Additionally, another difficulty with design flaw lawsuits is that the prosecutor must prove that the manufacturing company knew of the potentially dangerous flaw, yet chose to ignore it and continue with production.

Next, things can be improperly manufactured, leading to hazard. For example, consider the lead paint in children's toys. Manufacturers may choose to utilize lead paint in a batch of toys just because it is cheaper at the moment. Lead poisoning can be toxic and lead to lifelong problems. Someone who is bringing a lawsuit against this type of liability must show that the manufacturing process used was inferior to normal processes.

Lastly, corporations are required to include warning labels on their products if they contain toxic chemicals or have pieces that can hurt someone. For instance, let's again look at children's toys. If an item contains several small pieces, the company should mention that they can present a choking hazard. Parents may not know that a toy includes tiny pieces, so they should reasonably expect a warning from the manufacturer. If it is not included, it is called "failure to warn."