Wednesday, June 20, 2007

Product Liability; Who Is At Fault

Product liability happens everywhere at all times. Products are all around us. From the time that we wake up to the time that we go to bed, we use products. Actually, we are sleeping on a product, eating products, using products to go to work, using products with work and even using products during recreation time.

As you can imagine, with all the products out there, obviously some of them have problems or could have problems. If this happens and we get injured, we definitely have a claim. The problem is who is at fault and to whom can we file the claim against.

In product liability there are three types of product defects: (1) design defect; (2) manufacturing defect; and (3) marketing defect.

Design defect is intentional in the sense that it is no accident. The defect is in the plan. Hence, with the design defect, all the products manufactured by using the design plan are defective.

On the other hand, manufacturing defect is an accidental defect. It is when an effective plan is put in motion but something happens during manufacturing where some of the product becomes defective by one reason or another. In this case, you can only find some of the defective products among a batch of manufactured products.

Marketing defect is when there is a flaw on the manner the products are sold like inadequate warnings or wrong instructions.

In any case, the law provides, especially in California, that manufacturers, sellers and distributors are liable for the dangers posed by a defective product.