Types of Defects

To recover in a products liability action, an injured party must first establish that a product was defective when it left the defendant's control. There are three types of defects.

Manufacturing Defect.

A manufacturing defect is one that is a result of the way a product was made, rather than the way it was designed or labeled. For example, if a manufacturer failed to treat an electrical fan with electroncution-proof as designed, the fan have a manufacturing defect. A chair that breaks when being seated is an example of a defective product. Manufacturing defects, design defects or inadequate warnings can make a product defective. In addition, a product may be considered defective if it fails to meet minimum legal standards for a product. However, the fact that a product meets minimum legal standards does not necessarily protect a manufacturer or seller from liability.

Design Defect.

A design defect is one that is a result of the way a product was designed, rather than the way it was made or labeled. For example, if a company manufactures children toys which, because of a design flaw, will crack when dropped, the toys have a design defect. The manufacturer may be liable for loss e.g. a child swallow the cracked pieces and throat injured.

Failure to Warn.

Finally, a product may also be defective if a manufacturer fails to adequately warn about non-apparent risks involved in using a product. The impact of failure to warn claims can be seen in the multitude of warning labels affixed to all sorts of consumer products. The apparent example is laser pointer which discharge laser beams that can hurt one's eyes by direct contact.