Defective or dangerous products are the cause of thousands of injuries every year in the U.S. The products purchased from retail stores, wholesaler, supermarkets, or specialty outlets are manufactured with an implicit guarantee that the item is not defective and that the purchaser of the item will come to no harm if the manufactured product is used in its intended manner. Items purchased from manufacturers for commercial use also carry the same implicit guarantee.
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer (individual or commercial). Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. Potentially liable parties include: the product manufacturer; a manufacturer of component parts; the wholesaler, and the retail store that sold the product to the consumer.
In general terms, the law requires that a product meet the ordinary expectations of the consumer or business owner. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer or business owner.
There are three main categories designated for defective products, which may result in product liability claims:
- Design Defects – flaws in the item’s conceptual design
- Manufacturing Defects – specific defects which occur during the manufacture of the product
- Defects in Marketing – improper instructions or failures to elucidate consumers of potential and latent dangers in the product.