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The Legal Side of Product Defects

Posted on August 19, 2020

Have you ever purchased a new product only to find out it was defective when you tried to use it? 

The most common defects are found in vehicles, household appliances, cleaning products, industrial equipment, medical devices, children’s products, and food. 

Product defects can be categorized in three ways:  design, manufacturing, and marketing.

Design Defects

Design defects are caused by an error in the actual design of a product.  It could mean that the manufacturer ignored the flaw in the design and development process of the prototype or actual product, or it could mean that the manufacturer failed to test the product properly to detect the flaw.  Examples of design defects include vehicle mechanical defects and children’s toys that could be a choking hazard.

Manufacturing Defects

Manufacturing defects are caused by mistakes in the manufacturing process of a product.  A manufacturing defect results in a product that does not perform as intended.  Familiar examples of manufacturing defects include improperly assembled parts or improperly installed circuits.  Many product liability lawsuits are due to manufacturing defects.

Marketing Defects

Marketing defects are caused when companies provide inaccurate information about the product.  Examples of marketing defects include failing to warn consumers of product risks as well as incorrect user instructions.  Lawsuits for marketing defects can hold the company liable for damages caused when using the product.

Minor vs. Serious Product Defects

Minor design, manufacturing or marketing defects may not cause harm.  The defects may even be imperceptible to the consumer.  However, serious design, manufacturing, or marketing defects can cause a product to be unreasonably dangerous for consumer use, and may lead to serious injury or death

The Legal Side of Product Defects

When a consumer is injured due to a defective product, there may be one entity liable, such as the manufacturer, or there may be multiple entities responsible including the manufacturer, distributor, or retail outlet.

If an individual was injured by a defective product, he or she can file a products liability lawsuit against one or any of the aforementioned entities for compensation of current and future medical costs, lost wages, pain and suffering, emotional anguish as well as special compensatory damages.

If you have been injured by a defective product, you may have a product liability case.  Contact a reputable law firm to obtain the best legal advice and reduce your burden so that you can focus on healing.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For over two decades, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need to maximize your compensation. 

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