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Making sense of the 3 different types of products liability cases

| May 25, 2018 | Firm News, Products Liability

When you’ve entered your local retail store, you’ve probably seen postings for recalled products hanging up in the entryway. You may have seen them for small kitchen appliances that manufacturers discovered pose a burn or cutting risk or a toy that is a choking hazard. Hundreds — if not thousands — of consumer products are recalled each year for either these reasons or others.

By the time a recall ultimately happens, often not just one, but many, consumers have been hurt by the product. In rare instances, a designer, manufacturer or marketer of a product may identify a flaw with the product before injuries occur.

When it comes to defects a product may have, there are three primary types:

Warning defects

These can occur if a product was released with either the wrong label affixed to it or no label at all. For example, if a toy that contains small parts is released on the market, it should say somewhere on its packaging that it poses a choking hazard and shouldn’t be played with by children 3 and under. If it’s released on the market without such a label, it could be recalled so that a label can be affixed to it.

Design defects

These occur when a conceptualization for a new product comes into fruition. Often, designers may create products that are aesthetically pleasing but not functionally sound. Unless a prototype is made and thoroughly tested, designers may not become fully aware of any defects until the product has been produced and released on the market.

Manufacturing defects

This is the final type of product defect. Unless products are produced precisely to specifications, it’s possible they won’t function as they were intended. One example is a car’s braking system. Unless the calipers are manufactured with the precise thickness needed to properly grab the wheel, it’s likely that the car won’t be able stop swiftly.

Proving liability in products liability cases is not easily done. A significant amount of research goes into assessing where the defect occurred and who bears the blame for it. In learning more about the circumstances that resulted in your injury, a New Haven products liability attorney can advise you of your rights to file a lawsuit in your case.

Source: FindLaw, “Defective products and consumer rights,” accessed May 25, 2018



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