Types of Product Defect Claims

There are three types of defects that might cause injury and give rise to manufacturer or supplier liability. The plaintiff must prove that the product that caused injury was defective, and that the defect made the product unreasonably dangerous.

Design Defects

A flaw in the intentional design of a product that makes it unreasonably dangerous is a design defect. The burden of proof of negligence exists for the plaintiff in a design defect claim. If the plaintiff can present evidence that there was a cost-effective alternative design that would have prevented the risk o of injury, then strict liability may be imposed. A product that is so unreasonably dangerous it does not require the availability of a safer design to hold the designer liable.

Manufacturing Defects

A manufacturing defect exists when the product does not conform to the designer’s or manufacturer’s own specifications. These cases tend to be the easiest to prove because the manufacturer’s own design or marketing standards can be used to show that the product was defective.

Marketing Defects

These defects include:

• Improper labeling of products
• Insufficient instructions
• Failure to warn consumers of a product's hidden dangers.

A negligent or intentional misrepresentation of a product could also lead to a product liability claim.

Not having a knowledgeable attorney by your side against a product liability claim could ruin your business. If you are a business owner facing a product liability claim you need the support of a law firm that knows business. Contact the Austin business lawyers of Slater, Kennon, & Jameson, LLP at 512.472.2431 today.