When someone is injured by a product, they may have grounds to file a product liability lawsuit. This is an option for the injured party if they believe the product that injured them was defective. With defective product claims, the manufacturing, wholesaler, or distributor could be found accountable for the defect and injury it caused. Products cases generally consider design defects, manufacturing defects, or marketing defects.
As an experienced product liability attorney in Hamilton, Ohio, Rhys Richards has worked on a variety of product liability cases. Today, we’d like to share insight on the most common types of product liability lawsuits and what you need to know about them.
Design Defects
A design defect can be found in the original blueprint and plan for the product. Any part of the design that causes the product to be dangerous or presents a potential hazard to the user could be considered a defect.
These questions could be asked in order to decide if a design defect is present:
- Was the product’s design unreasonably dangerous prior to production?
- Was it plausible to anticipate the design of the product could harm a potential user?
- Could the manufacturer have used a superior design that was economically feasible and would not alter the purpose of the product?
If the answer to any of these questions is “yes” the injured party may have grounds for a design defect claim.
Manufacturing Defect
A manufacturing defect occurs when a product departs from its intended design due to an error or flaw in the production process. Unlike design defects, which are inherent in the blueprint of the product, manufacturing defects happen during the actual creation or assembly of the item. This means that while the design itself may be safe, something went wrong while the product was being made, rendering it hazardous. Common examples include a batch of tires with weak sidewalls, a tainted bottle of medication, or a car part that cracks under normal use. Manufacturers are legally responsible for any injuries or damages caused by manufacturing defects, even if they took reasonable care during the production process.
In a product liability case involving a manufacturing defect, the injured party must prove that the defect existed when the product left the manufacturer’s control. This can sometimes be challenging, as evidence must show that the product was faulty before it ever reached the consumer. Proof might include expert testimony, inspection reports, or physical evidence from the product itself. Importantly, the injured party does not have to prove negligence; strict liability typically applies, meaning the manufacturer can be held responsible even if they exercised the utmost caution during production. This legal principle helps ensure that manufacturers maintain high standards and protects consumers who are harmed by defective products through no fault of their own.
Failure to Warn & Marketing Defects
Beyond design and manufacturing defects, there is a third type of product liability: failure to warn. Also known as marketing defects, this occurs when a product, while not inherently flawed in its design or production, poses risks that aren’t obvious to the average user. Meanwhile, the manufacturer fails to provide sufficient warnings or instructions about those risks. In these cases, the product is considered defective due to inadequate labeling or guidance.
Possibly the most famous example of a failure to warn is the 1992 case involving McDonald’s coffee, where a customer suffered third-degree burns after spilling extremely hot coffee on herself. The coffee was served at temperatures significantly higher than what is considered safe, and McDonald’s failed to provide adequate warnings about how dangerous it could be. When Stella Liebeck removed the coffee lid to add cream and sugar, it spilled into her lap. The liquid seeped into her sweatpants, causing severe burns that required multiple skin graphs. The court found that the lack of proper warning contributed to the injury, leading to a substantial award for the plaintiff (though Stella never fully recovered).
Failure to warn claims can also arise with products like medications lacking information about side effects, power tools without safety instructions, or household cleaners missing hazard warnings. Manufacturers have a legal obligation to inform consumers about non-obvious dangers associated with their products. When they neglect this duty, and a consumer is harmed as a result, they can be held liable under product liability laws .
Who is Liable For a Product Injury?
When it comes to injuries caused by defective products, liability can extend to multiple parties depending on the type of defect involved. In cases of design defects, the flaw exists from the very beginning, making the product inherently unsafe even when manufactured correctly. In these situations, the company responsible for the product’s design may be held accountable for failing to create a safe and functional item. Similarly, in manufacturing defect cases, the error occurs during the production or assembly phase. Even if the original design was sound, a mistake on the production line, such as using substandard materials or improper assembly techniques, can lead to a dangerous product. Here, the manufacturer or factory responsible for building the product may bear legal responsibility.
Marketing defects, sometimes referred to as “failure to warn” defects, involve issues where a product is safely designed and manufactured but lacks proper instructions or warnings about its risks. When a company fails to provide adequate safety warnings, usage instructions, or disclosures of hidden dangers, and someone is injured as a result, the manufacturer, wholesaler, or retailer could all be held liable. In many cases, it’s not just one entity that is responsible; the entire supply chain, including designers, manufacturers, distributors, and sellers, may share the blame.
Finding the parties responsible for a defective product injury can be complex, but hiring the right attorney ensures that all potentially liable entities are identified and held accountable, maximizing your chances of a full and fair recovery.
What Damages Can I Recover?
When working with a liability attorney the damages recovered in a defective product lawsuit may be compensatory, special, or punitive. Often a successful product liability lawsuit will recover:
- Medical costs, both present and future
- Lost wages
- Pain and suffering
- Emotional anguish
If you or a loved one has been injured by what you believe is a defective product, you know the physical, emotional, and financial stress can be a huge burden. For residents of Hamilton, Greater Cincinnati, or Norther Kentucky, The Richards Firm is here to help. Give us a call at 513-868-2731, ext. 219 or by visit our contact page here, and schedule your free consultation. We’re here to help make the legal system more accessible while making sure your individual needs are met. With The Richards Firm, you can always expect to be treated as an individual, and you don’t owe anything unless we win your case.