As consumers, we expect the products we purchase to work as intended and to be safe. Rarely do we believe that something can go wrong and the product will cause an injury—after all, the manufacturer has best practices to follow and fail-safes in place.
Unfortunately, many manufacturers have released defective products into the market, leaving consumers susceptible to various dangers. There are three types of product defects our Kansas City defective product attorneys think you should know about, along with the reasons why you might have a right to pursue legal action after an injury.
Three Types of Product Defects
Basically, manufacturers have a responsibility to guarantee consumers are safe when using their product or to warn of potential dangers. Each type of defect has a clear-cut cause and effect which, with the right evidence, helps you and your legal counsel build a case. Here’s what else you should know.
When manufacturers don’t perform adequate quality control or safety tests on all products sold, it doesn’t have the ability to discover defects caused by an error in the process. These might include:
- Incorrectly installing circuitry or wires on a product
- Utilizing harmful chemicals during the production process
- Improper materials assembly
- Incorporating the wrong materials when constructing the product
If a consumer buys a product and uses it as directed, but it comes apart or causes another issue, such as an explosion or fire, they might suffer serious injuries. Your legal team will set out to prove a lack of manufacturing oversight caused harm.
Even before products are assembled, the manufacturer can be liable for potential dangers. An error in product design creates unreasonably dangerous circumstances, even when it is used as intended. Examples of design defects may include:
- Designing items with sharp edges
- Unstable structures
- Products with unreasonably dangerous chemicals
- Removable pieces which can cause choking hazards
Manufacturers can be held accountable for knowingly designing a product that contains flaws or failing to investigate less dangerous design alternatives.
Failure to Warn
In some cases, there weren’t issues with the general design or manufacturing of a product, but the very nature of some items creates a risk of harm, and companies have a duty of care to warn consumers of known dangers. For example, a plastic bag for a child’s toy has a suffocation warning or electrical devices contain notification of a shock risk. Companies that market items as safe but fail to warn of potential dangers are subject to defective product claims as well.
It’s critical for a victim of a defective product to speak with a legal professional who can guide them through the complex process of filing a claim, gathering and presenting evidence, soliciting expert witnesses, and other essential details.