What Are the Three Types of Marketing Defects?

When a product is defective, it can cause serious injuries to consumers even when they are using it as intended. This is not supposed to happen. In fact, product distributors, manufacturers, and designers have a legal obligation to make sure their products are reasonably safe for ordinary use. Unfortunately, defective products routinely make it onto the open market and into the homes of unsuspecting consumers with surprising regularity.

How can I tell if an accident and my injuries were caused by a defective product?

If you suspect that an unreasonably dangerous or defective product caused your injuries or the death of a family member, contact an experienced Virginia product liability attorney at Shapiro, Washburn & Sharp for a free consultation. 

What Constitutes a Defective Product?

Generally speaking, a product is considered defective when it presents an unreasonable hazard to those who use it in its intended manner. This is not the same as products that are inherently dangerous; a nail gun can cause serious injuries but that does not automatically mean it is defective. It could, however, be considered defective if it is missing a warning label or the contact safety tip. 

Defective products come under one or more of the following classifications:

Design Defects

Design defects happen when the basic design of the product is flawed. A design defect will affect a whole product line, instead of just one batch or unit. One common example of a defective design is sport utility vehicles. These vehicles are extremely prone to overturning because their center of gravity is much higher than a standard car or truck. Other examples would be tires that fall apart or blow out at a specific speed, clothes dryers that spark and start electrical fires, and airbags that do not inflate during a car accident. 

Manufacturing Defects

Manufacturing defects are distinct from design defects in that only certain batches or units of a product are affected. The reason for this is that manufacturing defects involve contamination or errors that take place during production. Common examples include seatbelts that lack the part that keeps them fastened during impact or a batch of prescription drugs that is contaminated during the production process when bits of metal from the manufacturing equipment fall into the bottles before they are sealed. 

Labeling Defects

Wholly different from both manufacturing and design defects is a labeling defect. A labeling defect is not a problem with the product itself but instead means that the product lacks vital instructions or warning labels making it unsafe for use. A common example of a labeling defect is prescription drugs that fail to warn users about potentially dangerous drug interactions or do not list all potential side effects. Other examples involve types of machinery, such as power tools, that do not come with any safety instructions, children’s toys that are not labeled as choking hazards, and electronics that do not warn consumers of the potential risk of electric shock. 

Were You Injured by a Defective Product?

If you feel that a defective product caused your injuries, or your accident was the result of a product with a design, manufacturing, or labeling defect, you are probably wondering about your options for financial recovery. If a defective product was the direct cause of your injuries, you are entitled to hold the negligent party liable for your damages. Depending on the type of defect, you can pursue financial compensation for your medical expenses, lost income, pain, suffering, and any other damages from the distributor, manufacturer, or designer of the product.  

Product liability cases in Virginia will come under one of the following legal theories:

• Strict Liability: If the company that sold or created the defective product is strictly liable, they can be held liable for your losses regardless of fault. In other words, you will not have to prove that they were negligent in order to file a claim.
• Negligence: To file a claim under the legal theory of negligence, you will be required to show that the company that manufactured, created, sold, or designed the defective product acted wrongfully or was in some way negligent and this negligence was the immediate cause of your injuries.
• Breach of Warranty: To file a claim under breach of warranty, you have to prove that the company violated an implied or expressed warranty. Put simply, the product did not perform as intended, marketed, or advertised. 

Our Firm Can Help

Although Virginia personal injury laws give you the right to seek financial recovery after being harmed by a faulty or defective product, successfully doing so can be an uphill battle. Product distributors and manufacturers usually have huge teams of attorneys that are ready to oppose any defective product claims and adamantly defend their employer’s reputation. It is not unusual for valid claims to be denied or disputed.  

Working with a legal team that has more than four decades of experience can make all the difference in the world in your claim’s outcome. Our Virginia product liability attorneys can help you pursue the damages you are entitled to after being injured by a defective product. Contact the law firm of Shapiro, Washburn & Sharp at (833) 997-1774 and find out how we can help you with your product liability claim. 

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