There are three basic types of defects:
- Manufacturing Defects: The product is well designed, but the way in which it is made is unsafe. For example, the materials used to manufacture the product are inappropriate and caused a functional failure.
- Design Defect: The intrinsic design of the product is unsafe, making the entire product line unreasonably dangerous. Design defects also apply to the way a product is packaged. For example, if the design of a childproof container is flawed and a child is injured as a result, the manufacturer can be held responsible.
- Insufficient Instructions or Warnings: The design of a product may be perfectly safe and without defect, but the manufacturer may fail to include proper warnings or instructions for safe operation. What needs to be proved in a products liability case?Although products liability laws vary from country to country, and even from state to state in the US. Products liability cases are generally decided on strict liability rather than on negligence. Under strict liability, it is not required that there be a finding of fault, only that the product is defective in some way that caused or resulted in injury.
Although products liability laws vary from country to country, and even from state to state in the US. Products liability cases are generally decided on strict liability rather than on negligence. Under strict liability, it is not required that there be a finding of fault, only that the product is defective in some way that caused or resulted in injury.