What is a Product Defect?
Defining Defective Products
If you ever went to use a product and then realized that it didn’t work as it was supposed to, you were exposed to a defective product. In some cases, a product not working as it was designed to is a minor inconvenience. In other cases, however, it can lead to significant injuries and expensive damages. When this happens, it may be necessary to pursue legal action in order to collect the compensation that you deserve.
Common Types of Defects in Marlton, NJ
All product defects will fall into one of three categories:
A design defect is a problem with the design of a product. In most cases, there was a problem with the design before the product was even manufactured. The problem with a design defect is that this also means that every item of its kind is considered defective. This can lead to thousands of injured individuals.
Common examples of design defects include:
- An SUV that rolls over too easily
- A tire that does not inflate properly
- A product that does not turn off electricity when not in use
- A TV that is a fire risk
A manufacturing defect is a problem with the manufacturing process. In this case, the design is accurate, but the process in which the product is manufactured makes it defective.
Examples of manufacturing defects include:
- A manufacturing line that misses an important part of a vehicle
- A tire that is produced with threading that is too thin
A product can also be considered defective if it does not have the appropriate warning labels. If there are any known risks of the product, then it is the responsibility of the manufacturer or designer to notify users.
Examples of warning defects include:
- A medication that does not warn you of its drowsy effects
- An electronic that does not warn you to keep it away from wet conditions
Types of Product Defect Laws
If you are harmed with a product defect, your product liability lawyer will use one of the following theories:
- Strict liability: Strict liability, in contrast to negligence or breach of warranty claims, eliminates the analysis of whether the defendant’s conduct met or fell below a certain standard. The rationale for strict liability is, if it were necessary for a consumer to identify and illustrate the specific unsafe or unreasonable conduct that occurred at some point along the chronology of a product’s voyage to the marketplace—including design, manufacturing, and distribution—strict liability cases would be nearly indefensible.
- Negligence: Your lawyer may also attempt to identify that the manufacturer held a legal duty of care for your wellbeing and breached that duty of care, which led to the accident and your damages.
- Breach of warranty: this theory is based on a consumer’s reasonable expectation that a product is going to work for the purposes that it’s intended for. There are three kinds of warranties: express, implied warranty of merchantability, and implied warranty of fitness. A lawsuit based solely on a breach of warranty is a breach of contract lawsuit.
The most common type of legal theory used in New Jersey is negligence. If you were injured while using a product, then it is likely that the manufacturer or designer breached the legal duty of care they owed you. If a breach of the legal duty of care is established by a preponderance of the evidence, then the manufacturer or designer may be liable for your damages.
Contact Drazin & Warshaw to Discuss Your Product Defect Case in Cherry Hill, NJ Today
Did you or a loved one sustain serious injuries due to a product defect in New Jersey? You need a competent, capable, caring, and trusted attorney on your side, fighting to get you the compensation you deserve. The skilled attorneys at Drazin & Warshaw represent clients injured because of product defects in Long Branch, Lakewood, Toms River, Brick and throughout New Jersey. Call our offices at (732) 747- 3730 or fill out our online contact form to schedule a free consultation about your case. You don’t pay until we win. We have offices conveniently located at 25 Reckless Place, Red Bank, NJ 07701, as well as offices in 3315 NJ-35, Hazlet, NJ 07730 and 937 Cedar Bridge Ave, Brick Township, NJ 08723. If it is more convenient for you, our attorneys are also available to come see you anywhere in New Jersey.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact Drazin and Warshaw directly.