It is also, however, crucial to understand what kinds of defects product liability covers.,
Under Product Liability Laws there are three categories of defects. These defects have to be established so as to show that the product was rendered unsafe and dangerous in our society to warrant the product liability laws.
Design Defects
Defect in the product arises from the inherent characteristics of the product and makes it unusually dangerous if it is deemed as a design defect. When a design defect is claimed the plaintiff’s side has to sometimes prove that this was due to negligence. However, if the plaintiff’s side can provide proof of another cheaper, safer design which could have been used instead of the dangerous design a strict liability claim may be brought. It is important today to show that even if there is no safer alternative design the designer could be held liable if it can be proven that the product design is highly dangerous and should not have been designed.
Manufacturing Defects
If a product does not meet certain physical, mechanical and aesthetic standards set by the manufacturer or the designer then it has a manufacturing defect. Manufacturing defects may be due to a variety of factors and as a rule are always easy to substantiate compared to Manufacturer’s standard; however, while it may be relatively straightforward to establish that a product is a manufacturing defect, proving neglect in such a case could be virtually impossible. Sometimes a series of errors resulting in a defect can be almost impossible to track down even for the manufacturer.
Considering this difficulty the law permits two doctrines through which the plaintiffs may get justice without establishing negligence. At some stages there may be the usage of prima facie evidence – “res ipsa loquitur” (the thing speaks for itself); the rationale of this is that, if it has gone wrong, there must have been negligence. In a product liability case in which res ipsa loquitur is allowed to be invoked, the plaintiff does not have to prove negligence; rather, the defendant(s) must prove that there was no negligence involved. Strict liability is the second doctrine which can be applied in some manufacturing defect cases. This also removes the requirement for plaintiffs to prove negligence; all that is necessary is proof that product was defective.
Laws which help plaintiffs in liability cases were put into place because product manufacturers and distributors are in a better position to insure themselves against monetary losses than individual consumers are. Such laws are intended to assure a measure of social justice to innocent victims of defect products.
Marketing Defects
Marketing defects occur when products not properly labeled or have inadequate instructions. Failure to adequately warn consumers of a product’s risk are another marketing defect. Included in this category are cases in which the product is misrepresented, either intentionally or through neglect.
Safety Issues Which Are Unavoidable Of course, some products have inherent risks due to their very nature and making them safer would render them useless. An automobile must be enabled to travel at high rates of speed, even though high-speed rates increase the rates of accidents. A chainsaw must be able to cut through many types of materials, otherwise it would not serve its purpose. For products such as these, the manufacturer must give sufficient instructions for their proper use, but the risks inherent in the products are not considered unreasonable.
