3 Types of Product Liability Claims

May 11, 2023 @ 1:24 pm

As consumers, we want to trust that the products we use daily are safe. More than that, we want to trust that manufacturers creating products specifically have our safety in mind. Unfortunately, reality sometimes falls short. When a product directly causes injury, it’s time to contact a product liability lawyer. Product liability lawsuits provide a venue for harmed individuals to recover damages. These are classified into three types of claims: design defect claims, manufacturing defect claims, and marketing defect claims.

1. Design Defect Claims

A designer working on a 3D product rendering displayed on a computer screen. A product liability lawyer may handle product liability lawsuits related to design defect claims. Proper engineering and quality control are crucial to preventing potential legal issues arising from defective product designs. Liability for manufacturers of consumer goods begins with a product’s design. Almost every item we buy involves teams of people imagining and figuring out how to create it. Someone has to decide on everything, from what the end product should look like to minute details like the materials or ingredients used.

Design flaws occur when someone miscalculates or makes a conceptual, engineering or other design error when determining how a product will be made. When the product is manufactured according to the design specifications, it may not perform as desired simply because the way it was designed does not allow it. In fact, it may even result in injury to the user.

Examples of Design Defect Claims

A part that must bear weight or force may be too light to handle the intended loads.
A guard or shield panel may be too small, too flimsy or the wrong shape to adequately protect the user.
A material choice or shaped fit may not offer the traction needed to prevent slips and falls.
A particular ingredient may not be appropriate for the intended result.
Parts of a toy may present a choking hazard to the children or pets the toy was intended to entertain.

Burden of Proof for Design Defect Claims

For a design defect product liability lawsuit to be effective, the person harmed must be able to prove a number of claim elements, including:

The user was harmed while using the product correctly and for its intended purpose. More specifically, the user was hurt because of the design defect.
The product was manufactured according to design specifications for its intended purpose, but it was dangerous because of this. This means all products manufactured according to the design have the same hazardous design flaw.
In some cases, the claim may need to show that an alternative, cost-effective design would have served the purpose and been safer.

Individual circumstances further determine whether a design defect claim will be based on negligence, strict liability or breach of warranty of fitness.

Warranty of Fitness: When a manufacturer implies that a product can be used for a particular purpose, but the product isn’t up to the task, the case may be based on a breach of warranty of fitness.
Negligence: When a manufacturer fails to take reasonable measures to ensure their design will result in a safe product, the case may be based on negligence.
Strict Liability: When a manufacturer incorporates measures to ensure their design will be safe, but those measures are insufficient, the case may be based on strict liability.

2. Manufacturing Defect Claims

While a product’s design may be flawless, the manufacturing process can introduce errors that can injure users. Manufacturing defects happen when the production process introduces a deviation from the specifications of the product’s design. Manufacturing defects may affect only one batch or lot of products, products manufactured at a specific location, or all products—depending on the source of the manufacturing error.

The manufacturing process encompasses everything from sourcing the needed raw materials to assembling products and even storing components or finished products properly before shipping and delivery.

Manufacturing defects can be difficult to track because of the number of components, ingredients and supply sources involved and the multiple steps in the manufacturing process. The problem can originate with substandard materials or parts, production equipment failures, or even the mistakes of the manufacturer’s employees.

Examples of Manufacturing Defect Claims

A manufacturer substitutes a cheaper, more available yet less effective fastener for the heavy-duty, more secure one specified in the design.
A substance isn’t heated to the correct temperature due to operator error, poor management decisions, or equipment failure.
An assembly technician installs wiring improperly or fails to install a part as simple as a spring or lever.
An impurity is introduced into the production line, compromising the product’s safety.
Components contain flaws like cracks, missing threads, irregular edges or other quality control issues.

Burden of Proof for Manufacturing Defect Claims

Like design defect claims, for a manufacturing defect claim to be effective, the person harmed must be able to prove a number of claim elements.

The user was harmed while using the product for its intended purpose. More specifically, the harm occurred due to the manufacturing defect in the product.
The product contained a harmful defect when it left the manufacturer. This type of product liability lawsuit can also apply to distributors or retailers. For example, if products are compromised before reaching the consumer, yet the item is still placed into the stream of commerce, the distributor or retailer may be held liable.

Basically, manufacturing defect claims are based on deviations from the product design. In some cases, a manufacturing defect claim can be based on malfunction doctrine if the product causing harm was also destroyed in an event—a car accident, for example, or an explosion. Malfunction doctrine allows a victim to demonstrate that their injury indicates the presence of a malfunction or defect.

3. Marketing Defect Claims

Pharmaceuticals are often a focus of marketing defect claims due to the prevalence of the side effects, interactions and unintended reactions associated with medications and medical devices. Foods and chemicals are also products of concern because of the unique impacts they can have on various individuals. However, almost any product can be open to a marketing defect claim. Manufacturers are responsible for warning consumers of dangers associated with using their products—especially those that might not be obvious. Sometimes, however, the advertising, messaging and documentation for a product misrepresent or overlook its associated risks. The product may be designed and manufactured correctly. Still, the packaging, labeling, inserts and even oral statements may fail to warn users of the risks associated with the product.

Examples of Marketing Defect Claims

A manufacturer may use language to describe its product’s features, giving the impression that a dangerous malfunction or accident is impossible without acknowledging associated risks. Claims using absolute terminology are especially suspect, offering a false sense of security.
A drug manufacturer may market its product as “safe” or “nontoxic” and fail to mention certain possible side effects.
A product labeled “safe and gentle” may be safe and gentle in its intended use but caustic or life-threatening in off-label use.
Images showing people using a product doing something dangerous without consequences and without a disclosure or warning may give consumers the erroneous idea that the product was designed for anyone to be able to do the activity safely.
A medical device or personal health product may not include instructions for its use or the instructions may be vague or cursory.

Burden of Proof for Marketing Defect Claims

For a marketing defect claim to be effective, the harmed person must be able to prove a number of claim elements.

The product carried a specific potential risk that the manufacturer had a responsibility to disclose but did not.
The person was using the product properly yet suffered injury due to the use of the product.

Marketing defect product liability lawsuits can be based on failure to warn, insufficient directions or false or misleading advertising or promotions.

Failure to Warn: When products don’t have the proper warning labels to inform consumers about possible injury or adverse effects, the marketing defect claim can be based on failure to warn.
Insufficient Directions: If a product is potentially dangerous—even if it is misused or used in an alternative way—and fails to include instructions, the marketing defect claim may be based on insufficient directions.
False or Misleading Advertising: When a product is promoted with misleading or false images, terminology or statements that gloss over or ignore potential hazards, they can also form the basis of a marketing defect claim.

Well-known Product Liability Cases

Liebeck v. McDonald’s

It’s not an overstatement to say that nearly everyone in the country has heard about this case. “The McDonald’s Hot Coffee Case” became infamous after the nearly 80-year-old plaintiff suffered excruciating third-degree burns, incurring thousands of dollars in medical fees from her McDonald’s coffee. When it was later found that the chain was knowingly serving dangerously hot beverages, they were ordered to pay over 2.5 million dollars in punitive damages.

Bullock v. Phillip Morris USA

These days, it’s well known that smoking tobacco can cause a wealth of health risks. But even just 20-30 years ago, that wasn’t necessarily the case. So when Betty Bullock was diagnosed with lung cancer due to smoking cigarettes, tobacco maker Phillip Morris came under fire due to a failure to adequately warn consumers of the actual dangers of their products.

General Motors Ignition Switches

For years, General Motors knowingly produced millions of cars with defective ignition switches, which could inadvertently turn off the vehicle while driving. In an attempt to save money and avoid public outcry, GM covered up these defects for over a decade, resulting in at least 124 deaths and hundreds more injuries. Since being uncovered in 2014, GM has been the subject of several product liability lawsuits and has had to pay over $900 million in settlements related to this case.

When You Need a Product Liability Lawyer

In any of the three types of product liability lawsuits, you must be able to demonstrate that a particular product’s defect was in some way directly responsible for your injury. If you’ve been the victim of an injury due to a product that was supposed to be safe, contact one of the product liability lawyers at Morrow, Morrow, Ryan, Bassett & Haik. Schedule your free consultation, and let us help you get the compensation you deserve.

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