Product defects typically occur when any product is deemed to be irrationally unsafe. There are typically three types of product defects that can result in product liability lawsuits.
Design defects occurs when products are not designed properly resulting in the product being defective and dangerous. Popular examples of design defect include the design of the product not being suitable for its intended use, mechanical defects which are commonly found in vehicles, or products that can contain choking hazards for children while being a product designated for children.
Manufacturing defects are defects that happen during the production of the product. Defects of this sort are usually an unplanned error in the assembly process. Even if the manufacture was extremely cautious in producing the product, a manufacturing defect can still result in a product liability. For example, if a company claims to have a jacket that is waterproof and the manufacturer doesn’t include the material that would insulate the jacket from water, that product is defective because it does not provide the protection from water that is intended due to manufacture negligence.
Lastly, marketing defects take place when the seller does not forewarn consumers about the possible and dangerous attributes of the product. Companies are required to include all possible dangerous characteristics of their product. Marketing defects occur when the manufacturer advertises features and qualities about a product that do not support the actual product. If a phone case company claims that their screen protectors are shatter proof and you drop your phone and it shatters that is a marketing defect because the product did not perform as advertised.
Customers expect a quality and excellence when purchasing products. Confusion may occur when defective products make their way onto the market because once merchandise is accessible, we automatically deem it safe to use. Typically when merchandise is less than perfect we become startled as we are unaware and vulnerable to the potential threat.