In a defective product case, it’s important for the plaintiff to recognize the three factors that come into play and how they impact the lawsuit. The three factors of defective product help to determine how a manufacturer is negligent and the potential damage as a result.
These three factors are part of proving liability, so it’s imperative you have someone on your side who knows what they are and how to show that they occurred. These are also looked at by the court when determining the severity of the negligence.
Manufacturing errors occur during the actual production phase of the product. It is often a situation in which the product is made with a loose or missing part, items are not attached properly, or wiring is faulty during the production.
This can be the case in several situations, such as with children’s toys coming apart. This can cause a serious choking hazard. Similarly, if brakes malfunction on a vehicle because the pads are not properly aligned, this can cause a failure and a significant crash.
Design errors occur long before the part even goes into production. If there is a problem with the design that leaves the consumer exposed to a potential danger, this is considered a product defect, even if the part is manufactured correctly.
When there is a product with a dangerous element—such as heavy machinery, a chainsaw, or other tools—there must be some type of warning on the part. This warning should let users know that the item must be used in a specific way or the user understands the risk of the injury.
If there is no warning of a danger, it can be considered negligence on behalf of the manufacturer.