Types of Defective Products

Information about the various types of defective and dangerous products, including design defects, manufacturing defects, failure to warn, and an explanation of unavoidably unsafe products.

Design Defects · Manufacturer Defects · Failure to Warn · Unavoidably Unsafe Products

Design Defects

A defective product accident may be caused by an error in the design of the product. A design defect refers to when a danger associated with a product should have been forseeable by the manufacturer. If the design defect had been properly recognized by the manufacturer, it could have (and should have) taken steps to reduce or even eliminate the likelihood that it would have occured, such as using a reasonable alternative design.

Defective Product Accident Lawsuits claiming a manufacturing error focus on mistakes in the process of making a product. Product Liability claims which allege a design defect are different, in that they claim that there were errors in the plans themselves. One of the most important steps in a design defect lawsuit is to prove that an alternative design would make the product safer. It also has to be proved that the alternative is both practical and cost-efficient.

Manufacturer Defects

Defective Product Accidents are sometimes caused by defects in manufacturing the product which render it dangerous and unsuitable for consumer use, even in the manner intended. Manufacturing defects are problems with products that were not intended by the manufacturer. Manufacturing defects occur through no fault or negligence on the manufacturer’s part, but the manufacturer is still liable.

Manufacturer defects are the most clear-cut cases of strict liability. Strict liability means that the manufacturer is liable for injuries and damages resulting from a defective product, regardless of fault, simply because the damage is a consequence of the product. Basic examples of manufacturing defects would be cars with breaking systems that do not work properly amd bicycles built with a crack in the frame. The consequences of these manufacturing defects would be an accident resulting in both damage and injury to the consumer, for which the manufacturer may be held liable.    

Failure to Warn

A defective product accident may occur because of the manufacturer's failure to warn the consumer about a forseeable accident which could occur during the intended use of the product. Manufacturers are obligated to adequately warned about the potential dangers associated with the product. The reason the product is considered defective is that accidents arising from the products use could have been prevented or reduced had there been clear and reasonable instructions/warnings.

The manufacturer is obligated to warn consumers of all hidden dangers a product may have, as well as to provide instructions for proper and safe use of the product. Warnings and instructions must be clear and precise, and should also be placed where they can be easily seen. Failure to do so could render the product dangerous, even in the course of everyday use. Furthermore, symbols and foreign languages are often used now to protect non-English speakers and children from the potentially dangerous products. A basic example of the manufacturer's failure to warn would be an over-the-counter drug that did not list potentially dangerous interactions with other medications. 

Unavoidably Unsafe Products

If a product is found to be unavoidably unsafe, the manufacturer, distributor, or seller may not be liable for injury or damages resulting from the use of the product. In this way, unavoidably unsafe products are exceptions to the rule in product liability law, as the product which caused the accident is not considered defective; it is unavoidably unsafe. Unavoidably unsafe products are not necessarily dangerous. However, they cannot be made entirely safe for ordinary usage. There are four criteria to determine if a product is unavoidably unsafe or whether it is simply defective:   

Manufacturing: A product is not unavoidably unsafe if accidents result due to flaws in the manufacturing process; it is simply dangerous or defective.

Warnings and Instruction: If accidents are caused because the manufacturer failed to provide proper warning and instructions, or provided inadequate warnings, this means that the product is likely defective, not unavoidably unsafe.   

Use vs. Risk: For a product to be considered unavoidably unsafe, the known dangers associated with the use of the product must not outweigh the benefits of use. A product which is more dangerous than it is beneficial is defective, not unavoidably unsafe.

Alternatives: The existence of an alternative product which is safer usually means that the product is defective, not unavoidably unsafe. When examining the possibility of an alternative, courts will examine its viability, cost, safety, and benefits, both on its own merits and relative to the original product.    

Common unavoidably unsafe products include:

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