What is Considered a Product Defect?

A melted electrical plug in a surge protector.When you are injured due to a defective product, it’s important to know what type of defect caused the injury. Generally, there are three types of product defects that are considered in personal injury lawsuits: manufacturing defects, design defects, and marketing defects. In all of these cases, the manufacturer, retailer, or user can be held liable for the injuries caused by the defective product.

Manufacturing Defects

This type of defect is the most common among product liability claims. In a lawsuit, a manufacturing defect is when a product is determined unsafe due to a manufacturing error but is otherwise designed safely. In other words, the product would be safe to use in a regular situation, but the manufacturing error makes it dangerous to use as intended.

Design Defects

A product is considered to have a design defect when its construction is flawed and there is no safe way to use it. Contrary to other defects, a design defect makes it impossible to use the product safely even for its intended use. A good example of this is a car seat that doesn’t have a strap or isn’t secured to a seat belt.

Marketing Defects

Also known as failure to warn, a marketing defect occurs when the packaging, instructions, or advertising of a product provide inadequate warnings for potential dangers or mislead the consumer. This is more common with pharmaceuticals, which must list any potential side effects or risks associated with the medication.

In general, manufacturers are most likely to be held accountable in any of these situations. However, there are other parties who can be held liable depending on the circumstances. Since product liability cases can be complicated, make sure to hire a personal injury attorney who knows how to identify these different defects and those who are liable for your injuries.

Injured by a Defective Product? Our Attorneys Can Help

If you have been injured by a product that you believe to be defective, call Shaw Cowart, LLP today at 512-499-8900 to schedule a consultation. We are happy to serve clients living in Austin, TX and the surrounding area.