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Los Angeles Law Blog

By stephen of Kristensen, LLP posted in Product Liability on Monday, August 24, 2020.
Get to Know the Different Types of Product Liability

“it’s important to trust the companies that market their products to us as functional and safe”

 

We all live different lifestyles that come with different personal needs, but aside from those living self-sufficiently off the grid, we’re all consumers of different products. For most of us, there are essential items we all need – kitchen supplies, household items, vehicles. For many, there are other common purchases, such as items needed for childcare, businesses, and hobbies. It’s important to purchase that which would be unrealistic or unreasonable to manufacture for ourselves, and more importantly, it’s important to trust the companies that market their products to us as functional and safe.

Unfortunately, some companies violate that trust, and through negligence or outright dishonesty deliver faulty or dangerous products to unsuspecting and innocent consumers. If you or someone you know purchased a hazardous product, here are the different types of product liability cases:

 

Breach of warranty

If a product comes with a written warranty but then does not meet the terms and timeline outlined by that warranty, consumers may be able to bring a claim against the company. In essence, a warranty outlines expectations for the performance and lifespan of a product, and by failing to meet those expectations, the implication is that the product is unfit for the purpose it was sold.

 

Design defects

A design defect claim is based on a product that suffers a fundamental flaw in its design, rather than an error or mistake made at some point in the manufacturing process. In these cases the product was manufactured and sold as the design intended, however the design itself is faulty. It can be especially beneficial during the process of the lawsuit to demonstrate that there was a safer alternative that could have been produced at a reasonable cost.

 

Manufacturing defects

A manufacturing defect is among the most straightforward, and the opposite of a design defect. Rather than a product that is flawed by design but manufactured correctly, a manufacturing defect is a product that is typically safe and functional, but manufactured incorrectly for one specific item. For example a car model may be completely safe, but one vehicle receives compromised brakes during the production process.

 

Marketing defects

A marketing defect can also be thought of as a failure to warn the consumer of risks or other important information. If a company creates a product but does not explain how to properly use that product, or neglects to mention any possible risks, an affected consumer can likely make a claim on the basis of a marketing defect.

“Our firm is here to help anyone who has suffered as the result of a company’s negligence or dishonesty.

 

When a customer is injured by a defective product, they are entitled to pursue legal action to compensate them for pain, injury, lost wages, medical bills, and any other associated costs or reimbursements to bring justice for their suffering. Although it is always a violation of the consumer’s trust when a company manufactures and sells a defective or unsafe product, the legal process may look different depending on the claim. Our firm is here to help anyone who has suffered as the result of a company’s negligence or dishonesty.