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Manufacturing, Design And Marketing: Breaking Down Product Liability Defects

By: Fred Moore | Jul 17, 2018

From improperly manufactured tires to prescription medicines with damaging side effects, defective products cause numerous injuries and deaths each year. There are different types of product liability claims, and our personal injury lawyers at Moore Law Firm can help you understand your rights and develop effective legal strategies to ensure you receive maximum compensation for your damages.

Manufacturing Defects

A manufacturing defect occurs when something happens during the manufacturing process that makes a product unsafe even when it’s used properly. Types of manufacturing defects may include:

  • Contaminated food or beverages
  • Using the wrong types of fasteners on mechanical parts
  • Installing incorrect or outdated components that may cause electrical shock
  • Improperly cut molded plastic products that contain sharp edges
  • Other types of manufacturing errors

Design Defects

A claim based on defective design contends that the product is inherently dangerous in its design alone, rather than an error made during the manufacturing of the product. Design defect claims are often complicated. For example, if a defect in the design of a medical device causes injury, the plaintiff must prove that the injury was specifically due to the design, not a manufacturing defect or human error. This is just one reason why it’s vital to seek the counsel of a personal injury attorney who knows the ins and outs of product liability claims.

Marketing And Labeling Defects

Any and all risks associated with a product must be clearly listed on a warning label or in the instructions for the use of a product. If manufacturers fail to include adequate warnings for a product, they may be liable for any illness, injury or death sustained from use or exposure to the product.

Prescription medications must also include sufficient warnings about potential risks and side effects — if these risks were not disclosed by the pharmaceutical company and you become sick or injured, you may be able to pursue compensation for your injuries. Adequate warning labels are particularly important for potentially hazardous items such as cleaning products that contain toxic chemicals and toys that pose choking hazards to children and should be clearly marked as such.

A marketing or labeling defect can happen if the product instructions are vague or contain mistakes, warnings are unclear about the risks the product presents, the consumer is unable to read the warning, or the manufacturer fails to include a warning label at all.

If you’ve been injured or have lost a loved one due to a defective product, we can help you understand the nuances of how product liability law works and determine the best course of action to take. Contact Moore Law Firm in Mobile, AL, to schedule a consultation today.