Three Types of Product Defects

• May 16, 2024
• Product Liability

Companies are supposed to design and manufacture safe products. No matter what the product is, it should be reasonably safe and, if necessary, come with clear instructions and warnings. Unfortunately, that is not always the case.

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Three Types of Product Defects

Manufacturing flaws (defects) are caused by errors in making the product; they are not intended to be part of the product. Typically, manufacturing flaws will be found in a small number of products, such as ones manufactured in a defined time frame during which the flaw existed.

• For example, during a short time period, substandard materials were used that created a product defect. Once the right materials were again used, the defect disappeared; thus, the defect was only in a small number of items manufactured.
• In terms of strict liability, the manufacturer is liable for any manufacturing defects that occur as a result of faulty construction and/or assembly.

 

Design flaws are part of the original design, causing the product to be unreasonably unsafe or creating a hazard for users.

• Since the danger stems from the design itself, all products are affected.

Failure to Warn, aka, marketing flaws. This means that the manufacturer (or others) failed to properly warn consumers about dangers or risks posed by the product and/or did not provide adequate warnings or instructions for using the product safely, preventing injury from foreseeable risks.

• Liability may extend to any party in the distribution chain—from manufacturer to retailer.
• Warnings must anticipate misuse and include clear, visible guidance on safe usage.

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Warning Labels: What Makes Them Adequate?

When a warning label is required, it should be highly visible and placed as close to the area of the hazard as possible. A proper warning label should clearly explain:

• existing hazards
• severity of the risk involved with the particular product
• effects of the hazard
• how to avoid the hazard

Instructions must be concise, accurate, and tailored to users with different levels of expertise. Inadequate instructions can lead to serious accidents.

To evaluate a product’s warning label, consider:

• Was it likely that the product would cause harm?
• Was the product being used in the manner for which it was intended?
• How serious was the harm?
• What knowledge level could the manufacturer assume a user had?
• How much did the label rely on the experience and/or knowledge of the user?
• Was the warning simple and clear enough to understand?

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Do You Have a Product Liability Claim?

Our Kansas City-based legal team is skilled in consumer protection laws and product liability litigation. We’re here to help you understand your rights and build a compelling case.

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Who May be Held Liable for Product Defects?

Any company that designs, manufactures, sells, or distributes a dangerous or defective product could potentially be held liable if it causes or contributes to a person’s injury or wrongful death, starting with the company that made the product, to the store that sold it to the end consumer. One or all in the distribution chain may be held liable.

• Designers
• Manufacturers
• Distributors
• Retailers

❗ You don’t need to be the direct purchaser to file a claim. If someone gifted the product to you and you were injured using it, you may still have grounds for a lawsuit.

Establishing legal fault can be complex, sometimes requiring the testimony of experts, and every state has its laws that may affect a case. An experienced product liability attorney can answer your questions.

Questions? Contact our office at (877) 284-6600.

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What To Do After a Product Injury

If you or a loved one has been seriously injured by a defective product, arrange a consultation with the defective product lawyers at the Nash & Franciskato law firm in Kansas City. Here are crucial steps to take:

• Store the product in a safe place, making sure you (or your lawyer) retains possession of it. You will want to keep any pieces and parts that may have broken off with the product for potential evidence.
• Take photos – LOTS of photos – document the product from all angles and all sides, especially the damage. This will give you a visual of its physical state after causing the injuries you suffered.
• Do not do anything to fix the product or change it. Leave it as it is so that we can understand and see what failed.
• Gather any documentation you have on or about the product. This might include: owner’s manual, technical information, user’s instructions, purchase records and receipts, product descriptions from the website, warranties, and more.
• Request copies of your medical records documenting related injuries and treatment.

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Start Your Free, Confidential Case Evaluation with One of Our Team Today!

If you or a loved one suffered an injury due to a defective product, you may have a product liability case. Contact the law offices of Nash & Franciskato at (877) 284-6600. One of our experienced staff members will speak with you personally and will provide you with a free, no-obligation review of your case.

CONTACT US FOR A FREE REVIEW OF YOUR CASE

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Past results afford no guarantee of future results, and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Editor’s Note: This post was originally published June 1, 2020. It was reviewed on May 16, 2024, and again on July 9, 2025, updated for content and accuracy, and republished at this time.

Photo Credits:

• Feature photo: AndreyPopov(Andriy Popov) Image file. via depositphotos.com;
• bacho123456(Damir Bacic) Image file. via depositphotos.com
• gustavofrazao(Gustavo Frazao) Image file.  via depositphotos.com;
• Kzenon(Arne Trautmann). Image file. via depositphotos.com