Defective products have the potential to seriously hurt consumers, and they fall under three umbrellas: design, manufacturing and marketing.
Products go wrong for Tennessee residents in a variety of ways. For example, a manufacturing or design defect on a toy helicopter may be wholly unintentional but could still result in helicopter blades that are easy for a child to rip off and swallow. Here is a look at the three types of product defects.
Design defect
A design defect is one in which a product was designed improperly, and correct testing protocols should have brought the faulty design to light. A simple example of such a defect could be a table with different leg lengths (meaning that it could potentially collapse and hurt someone).
This type of defect is often relatively easy to prove.
Manufacturing defect
Manufacturing defects can be more difficult to prove because it is possible for a manufacturer to have followed all standards perfectly and still create an unsafe product. Not surprisingly, cases based on this type of defect are fairly uncommon. Products with such defects tend to be in batches or lots; they share a manufacturing commonality that has nothing to do with the design.
It can also be hard to show that a manufacturing defect caused an accident, at least in part. Suppose the product in question is apparently defective bicycle brakes that caused the rider to sustain a serious injury, but circumstances such as rainy weather and limited visibility cast doubt as to just how much of a role the faulty brakes played. Obviously, such cases can be easier to prove when there are no other apparent contributors to an accident.
Marketing defect
This type of defect can be interesting because it is not necessarily about the product itself but rather about how it was marketed. In other words, it can be about how a company warned (or did not warn) consumers about risks in using the product.
For example, a medication may be fairly safe to take under certain circumstances. However, if the company neglects to adequately inform doctors and consumers about what is considered a safe dose, potential side effects of the medication and/or about what could happen if doses are exceeded, a marketing defect case could result. It is critical that products carry as much warning information as possible so that consumers are empowered to make educated decisions about the risks they take.
Product defects in Tennessee sometimes never hurt anyone. Many times, though, they can and do lead to serious injuries. Someone who has been hurt can talk with a lawyer to discuss getting needed compensation to help with recovery, medical bills, lost wages, suffering and other issues.
