A “defective product” is one that causes some injury or damage to person as a result of a person because of some defect in the product or its labeling or the way the product was used. The manufacturer, and others involved in the chain of commerce involving the products that caused the injury, are often liable for injuries defective products cause.
While the laws applicable to defective product cases varies from state to state, there are three legal theories common to all jurisdictions which may form the basis of a successful product liability case:
- Manufacturing defect. In such cases the injury was caused as a result of defect in the manufacture of the product.
- Design defect. In these cases the injury was caused by a poor design (even though there may be no defect in the individual product itself).
- Failure to warn, or “inadequate warning”. These cases refer to injuries caused as a result of a product known to be potentially dangerous which was sold without a proper warning to the consumer.