Types of Lawsuits: Defective Products

A defective product is one that causes a person property injury or damage because of the defect in the product, the labeling, or the way the product was used. Inadequately warning consumers can result in liability to the manufacturer. Besides the manufacturer, others involved in the chain of commerce involving the products are often liable for injuries defective products cause.

Defective products can arise from improper designs or improper manufacturing techniques in making the product. The degree of inherent problems with the product is generally increased if there is a defective design, since all of the products manufactured will have this characteristic. On the other hand, if there is a problem with the manufacturing process, not all the products may be defective, but liability can result from negligently manufacturing the product.

Defective products cases can vary with each state, but they allow some form of recovery to persons injured by defective products. Cases of defective products run from the obvious (a car sold with defective parts) to the not-so obvious (injury from exposure to tobacco, or harmful side effects from an improperly tested drug).

Examples: Three legal theories common to all defective product litigations are:

• Manufacturing defect. In such cases the injury was caused as a result of defect in the manufacture of the product. An example would be a chair which was built with a small crack in the frame, which breaks when used, causing an injury.


• Design defect. In these cases the personal injury was caused by a poor design (even though there may be no defect in the individual product itself). A common example would be a piece of industrial machinery which was built without a proper safety device, and an injury happens while using the machine.


• Failure to warn, or inadequate warning. These personal injury claims refer to injuries caused as a result of a product known to be potentially dangerous which was sold without a proper warning to the consumer. An example would be an over-the-counter drug sold without a warning of the hazards of use with certain other drugs, or excessive consumption, or possible side effects from its use.

If you or a family member has been injured because of what you believe is a product defect, you should consult an injury lawyer familiar with defective product cases at the earliest opportunity to protect your right of recovery. These types of cases can also cause the removal of the product from commerce and recalls of the product.

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