The types of products defects

In this post I am going to speak about the defects that cause injury and also about the various products liability cases.

Product liability is the most effective weapon consumers have against dangerous products. This responsibility may occur at any point in the manufacturing process or in the distribution of a product. Consequently, the manufacturer, wholesaler an the seller of the product may share responsibility for the damage caused by a dangerous or defective product.

Defects that cause injury

• Design: An imperfection or error in product design can be very dangerous. This flaw existed before manufacturing the product.
• Manufacturing: A kick in the manufacturing process cause that some products are defective.
• Marketing: Missed warnings or instructions for using the product correctly.

A person injured by a dangerous product is required to check that the product is defective. There are three types of defects that impose liability on manufacturers and distributors of a product:

The various products liability cases

Strict liability: A applicant can fully recover from an injury without having to prove misconduct by the defendant. The plaintiff only has to prove that the injury was caused by a defective product that was manufactured or sold by the defendant. This type of case is the most common.

Breach of warranty: The defendant was negligent in failing to warn the plaintiff about the dangers of the product. Guarantees may be express or implied. A guarantee is broken when an applicant purchases a product with the intention of using it safety and trusts that the manufacturer had the knowledge to create a safe product. This guarantee means that the manufacturer or seller of the product presented a way for the client to trust the product.

Neglect: It is more difficult for the plaintiff prove a case of negligence. To do so, the plaintiff must establish: 

• A relationship between the manufacturer and the defendant in which the manufacturer had the obligation to protect the buyer.
• Failure to comply with this obligation. 
• A relationship that caused injury or damage to the buyer.
• https://www.law.cornell.edu/wex/es/responsabilidad_del_producto