Types of Product Liability

Defective product injuries affect thousands of people yearly, but many people are unaware of precisely who is liable when such injuries occur. There are three major types of liability that are typically brought up when a product liability claim is made: manufacturing defects, product defects and a failure to warn.

Manufacturing and Product Defects

Manufacturing and product defects occur when, as the name implies, a defect has occurred either in the manufacturing process or when the product itself is defective. A manufacturing defect may include a tire that, because of a defect in the composition of its rubber, is unable to remain inflated under high pressures, making it likely to explode while in use.

A product defect, on the other hand, is typically a defect regarding the design of the product itself. A ladder whose rungs are made of Styrofoam instead of wood would be defectively designed; it would be incapable of performing its intended duty.

Failure to Warn

A product may be defective due to a failure to warn if it has a foreseeable alternative purpose and is defective at achieving that purpose. For example, it is reasonably foreseeable that a chair would be used as a step stool, and it could be considered defective if it breaks when someone stands upon it. However, including a disclaimer such as, “Do not use as a step stool,” would serve as sufficient warning to prevent this from occurring. Neglecting to include this warning could render the product defective.

Contact Us

This article is not intended to serve as, or as a replacement for, legal advice. If you have suffered an injury as a result of a defective product, contact the Philadelphia personal injury lawyer of Lowenthal & Abrams, P.C., at 215-238-1130.