What Are Design Defects?
This type of defect happens when the creator of the product fails to anticipate an innate flaw in the way the product functions, posing a serious risk to the safety of consumers. Even if the product was manufactured flawlessly, it would still lead to injuries. In short, the product was faulty from the beginning, even when used for its intended purpose.
What Are Marketing Defects?
A marketing defect occurs when the manufacturer or retailer fails to warn consumers about the potential dangers of a product. Many products, such as hair dryers and curling irons, come with extensive warnings, cautioning users to avoid electrical injuries and burns. These warnings are designed to protect users from undue injury and avoid accidents. Without them, the manufacturer could be held responsible for any ensuing damages.
When it comes to marketing defects, the manufacturer’s legal obligation is twofold:
- To warn consumers of hidden dangers that may arise when the product is in use.
- To provide instructions for consumers so they know how to use the product safely.
What Are Manufacturing Defects?
A manufacturing defect occurs when the product’s design is safe, but the manufacturer makes a dangerous error. This happens when the actual product deviates from the designer’s intention and creates a hazard for users. If a bottle of prescription medication is contaminated during processing, anyone who suffers an injury or illness because of the error may have grounds to sue, even though the medication itself was not the outcome of a dangerous design.