Design Defects

Design defects generally mean there is something inherently wrong with the design of the product that makes the product unreasonably dangerous. The product could for example contain an unsafe ingredient, be designed without an important safety feature, or be created using cheap or weak materials that cause the product to break and hurt people. In some cases, a design defect could signal that the manufacturer did not properly test their product before sale, or worse yet, that they knew about the defect but decided to risk the safety of their customers anyway.

Common examples of design defects include:

• Children’s toys that contain choking hazards
• Bicycle helmets that do not offer sufficient protection
• Gas cans that explode unexpectedly
• Home appliances that ignite or cause fires
• Unstable furniture, such as beds, tables, or chairs that collapse

• Bicycles or exercise equipment that fail during use
• Electronic mobility devices such as e-scooters with defective software that causes sudden stops
• Power tools with inadequate safety measures such as table saws without safety guards and auto-stop features 

Manufacturing Defect

A manufacturing defect is the result of an error that occurs during the manufacturing of a product. Unlike with a design defect where every version of a product has the same defect (since they all share the same design), a manufacturing defect typically only exists in a limited number of items that came off the assembly line in a different way than the designer or manufacturer intended.

For example, if a car company designed 1,000 cars with brakes, and 10 of the 1,000 cars came off the assembly line without any brakes, then the 10 cars without brakes would have a manufacturing defect. Although the manufacturing defect may not have been intentional, and the manufacturer may not have had any prior notice that the assembly line was producing cars without brakes, the manufacturer may still be liable for the defect. Common examples of manufacturing defects include:

• Partially manufactured or incomplete products
• Improperly installed parts
• Incorrect or loose bolts and fasteners
• Incorrectly installed electrical wires or circuitry

Warning/Marketing Defect

Consumers often injure themselves using products that have poor instructions or inadequate safety warnings. A company that designs, manufactures, or sells a product without adequate warnings or instructions may be liable for a warning/marketing defect. Even when a product has a warning on it, that is sometimes not enough for the company to escape liability.

If for example a trampoline has a warning stating that the trampoline should not have more than 500 lbs on it at any given time, but the warning is in fine print and on a difficult to access location, the trampoline manufacturer may be liable for a warning defect. As with all kinds of product defects, the manufacturer, designer, and retailer/seller may be strictly liable for the damages caused by warning and marketing defects. Common examples of warning and marketing defects include:

• Poor or incorrect instructions
• Warnings that are difficult to read or understand
• Incomplete assembly instructions
• Failure to warn of foreseeable misuse
• Advertisements encouraging risky behavior or improper use

Product liability is an inherently complex field of personal injury. To successfully litigate your case, your lawyer must have the necessary knowledge, experience, and resources to investigate the potential defect. Here at SOS Injury Lawyers, we provide you with exactly what you need to move your product liability case from start to finish line. If you believe a product may be defective, and that defect caused injury or death to you or your loved ones, call us now for a free case evaluation.