Product Defects: The Different Types and What They Mean for Your Case
Product defects are, unfortunately, a common occurrence, and when they cause harm, they can lead to serious injury or even death. For individuals who have been affected by defective products, understanding the types of defects and how they might impact a legal case is crucial.
As product liability attorneys in Durango, Colorado, we at Downs, McDonough, Cowan & Foley, LLC are committed to making sure that victims of defective products receive justice.
In a product liability case, the injured party must prove that a defect in the product led to their harm. There are three primary types of product defects: design defects, manufacturing defects, and marketing defects. Each of these plays a role in determining liability, and understanding how they apply to your case can help you work through the process more effectively.
Design Defects With Flaws in the Blueprints
Design defects occur when a product is inherently dangerous due to its design. A product with a design defect is unsafe even before it is manufactured or sold. These defects are not limited to one individual product but affect all units produced under the same design.
In these cases, a product liability attorney in Durango, Colorado, will focus on showing that the design of the product itself is inherently flawed. Examples of design defects include:
A car that lacks sufficient crash protection
A toy that has small, detachable parts that could be a choking hazard for children
A kitchen appliance with a design that causes overheating or fires
The crux of a design defect case is to demonstrate that the product's design deviates from the standard of care expected in the industry. A product that is unreasonably dangerous because of its design can cause harm to multiple people, not just the person who files the lawsuit.
The goal in these cases is to show that the design failed to take into account the safety of the end-user, leading to injury or death.
When Something Goes Wrong in Production
A manufacturing defect occurs when a product departs from its intended design during the production process. Unlike design defects, which affect all units of a product, manufacturing defects are typically confined to specific products or batches. These defects may arise due to poor quality control, insufficient materials, or errors made during assembly.
Some common examples of manufacturing defects include:
A batch of pills that contains the wrong dosage of medication
A bicycle with a faulty brake that was improperly installed
A car with defective tires that were improperly manufactured
As a product liability attorney in Durango, Colorado, we know that proving a manufacturing defect often involves scrutinizing the production process, inspecting the specific item in question, and determining how it deviates from the intended design.
Manufacturers have a responsibility to make sure that the products they produce are safe for consumers. When a manufacturing error leads to harm, the injured party can hold the manufacturer liable for the damages caused.
Marketing Defects With Inadequate Warnings or Instructions
Marketing defects, also known as "failure to warn," occur when a product is sold without adequate safety warnings, instructions, or labeling. Even if a product is designed and manufactured properly, it can still be dangerous if users are not adequately informed of the potential risks. Marketing defects can involve failure to warn about:
Proper usage
Possible side effects or risks associated with the product
Potential interactions with other products
An example of a marketing defect might include a medication that does not warn consumers about serious side effects or a piece of machinery that lacks clear safety instructions, putting users at risk for injury.
In cases of marketing defects, a product liability attorney in Durango, Colorado, will focus on proving that the manufacturer, distributor, or retailer failed to provide adequate warnings, even though they had a duty to do so. In some cases, even if the product is generally safe to use, a failure to warn about specific risks can lead to liability.
Proving Liability in Product Defects Cases
Proving a product liability case often requires demonstrating that the defect in question was the direct cause of the injury or damage. The injured party must provide evidence to show that the defect existed when the product was sold and that the defect directly led to their harm.
To successfully pursue a product liability claim, an attorney will need to prove several key elements:
The product was defectively designed, manufactured, or marketed
The defect caused the plaintiff's injury or harm
The product was being used as intended or in a reasonably foreseeable manner at the time of the incident
Each of these elements must be established by a preponderance of the evidence, meaning the plaintiff’s version of events must be more likely than not to be true. In some cases, testimony may be required to explain issues related to product design, manufacturing processes, or safety standards.
Legal Theories of Product Liability
In product liability cases, there are several legal theories under which a plaintiff may pursue a claim. The three primary theories are strict liability, negligence, and breach of warranty. Understanding these theories is essential for anyone who believes they have a product defect case.
Strict Liability
Strict liability is one of the most common legal theories used in product liability cases. Under strict liability, a manufacturer or seller can be held responsible for injuries caused by a defective product, even if they were not negligent in designing, manufacturing, or marketing the product. The focus is on whether the product was defectively designed or manufactured, not on the manufacturer’s intentions or actions.
For a strict liability claim to succeed, the injured party must prove that the product was defectively designed or manufactured and that the defect caused their injury. In strict liability cases, the defendant may be held liable regardless of whether they took reasonable care in the creation and sale of the product.
Negligence
Negligence occurs when a manufacturer, distributor, or retailer fails to exercise reasonable care in the design, manufacture, or sale of a product, leading to harm. In a negligence claim, the plaintiff must show that the defendant had a duty to exercise care, that they breached that duty, and that the breach directly resulted in the injury.
In product liability cases, negligence may occur if the manufacturer or seller:
Fails to properly test the product
Uses substandard materials
Fails to provide adequate warnings or instructions
Breach of Warranty
Breach of warranty occurs when a product fails to meet the standards or promises made by the manufacturer. Warranties can be either expressed or implied. An express warranty is a specific promise made by the manufacturer about the quality or safety of the product, while an implied warranty is an assumption that the product will be safe for its intended use.
When a product fails to meet these standards and causes harm, the injured party can pursue a claim for breach of warranty. This type of claim can be particularly useful when the defect is not obvious, but the product fails to live up to the promises made by the manufacturer or seller.
Statute of Limitations in Product Liability Cases
In any product liability case, it is crucial to understand the statute of limitations—the time limit within which a lawsuit must be filed. In Colorado, the statute of limitations for most product liability cases is two years from the date of the injury.
If the claim involves wrongful death, the statute of limitations may be extended to three years. It’s important to note that these time limits vary by state and type of injury. Failing to file within the statute of limitations may prevent you from recovering damages, so it’s essential to consult with a product liability attorney in Durango, Colorado, as soon as possible after an injury occurs.
Contact Us Today
Product defects can cause serious harm, but understanding the different types of defects and how they impact your case is essential in pursuing justice. Whether the defect is a design flaw, manufacturing error, or marketing oversight, it’s important to consult with a skilled product liability attorney in Durango, Colorado, to help guide you through the legal process.
At Downs, McDonough, Cowan & Foley, LLC, we are committed to making sure that victims of defective products receive justice. If you or a loved one has been harmed by a defective product, contact us for a consultation.
We serve Durango, Telluride, Pagosa Springs, Cortez, and the Four Corners region, and we are licensed to practice in Colorado, New Mexico, Texas, and Oklahoma. Let us help you hold the responsible parties accountable and fight for your rights.