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The types of defects that give rise to products liability

| Dec 6, 2018 | products liability |

Consumers in California who buy products expect those products to be safe to use. There are even a number of regulations in place to help ensure the safety of these products. Yet, far too often unsuspecting individuals are harmed when they use consumer goods as they are intended. This is unacceptable and may serve as the basis of a products liability lawsuit.

There are three types of defects that can form the foundation of a products liability lawsuit. The first is a design defect. Here, the product was flawed from the start. Under these types of claims, a victim must show that the design of the product itself rendered it unsafe for consumer use. The second type of defect is a manufacturing defect. With this type of defect, the product is designed in a way to ensure safety, but something goes wrong in the making or assembling of that product, thereby making it unsafe even when used as intended. The third defect type involves marketing defects. This type of defect can include inadequate warning labels, poor instructions on how to use the product appropriately and safely, and other improper labeling.

The most common defense to a products liability case is that the consumer either substantially altered the product and thereby compromised its safety, or the consumer was injured when using the product in a way that did not conform to its intended use. Therefore, before bringing a products liability lawsuit, victims need to carefully consider the facts at hand and anticipate any potential defenses they may face.

Those who wish to pursue a products liability claim will want to build the strongest case possible under the particular set of circumstances at hand, as well as anticipate and fight back against defense tactics. Those who have been injured by an unsafe product may want to sit down with a qualified legal professional to determine how best to approach their case.