Understanding Liability for Product Defects


Understanding Liability for Product Defects

Under the law, product manufacturers-including car makers-have a duty to make sure that products they manufacture are safe and fit for foreseeable consumer use. If a product is dangerous and causes injury to consumers, the manufacturer could be liable under the theory of product liability.

A product is dangerous if it’s essentially deemed defective. There are three different product defects that can potentially arise: manufacturing defects, marketing defects, and design defects.

Manufacturing, marketing, and design defects

A manufacturing defect essentially means that while the overall design of the product was sufficient, something in the assembly stages produced a product that was defective.

Failure to warn or other defective marketing designs can also give rise to product liability. A product can have a marketing defect if, for instance, it fails to come equipped with sufficient safety warnings about the product.

A design defect is essentially at the heart of the lawsuit against Porsche Cars North America. A design defect occurs if the design of a particular product or product component is created in a way that makes it defective.