When you purchase a consumer product of any type, you should not have to worry that any defects associated with that product will cause you serious harm. However, as many consumers who read news stories and who have signed up for product defect alerts know, consumer products are frequently subject to recalls because they pose serious dangers or risks of injury. Almost any type of consumer product can be subject to a recall, including but not limited to household appliances, household furniture, children’s toys, children’s clothing, over-the-counter medications, prescription drugs, automobiles, food products, makeup, surgical implants, and many other kinds of products.
It is important to know that a safety recall does not necessarily mean that a product will cause harm. In many situations, products are recalled due to a mislabeling that is not likely to cause injury, or to some sort of contamination that is unlikely to result in harm. At the same time, however, many products are subject to recalls because they are dangerous. Some products that are defective and pose risks are not even recalled until many people get hurt, which can mean that consumers do not even realize a product is defective until it is too late. When a dangerous product causes consumer injuries, those consumers will typically need to cite one of the following three types of product defects as they move forward with a claim.
The Cornell Legal Information Institute explains that design defects are a type of inherent defect. Even if the product (or one of its parts) is manufactured with incredible care and precision, the product will always be defective because there is something wrong with its design. Designers, engineers, design or engineering firms, scientists, and others responsible for designing products may be liable for this type of defect.
Manufacturing defects are defects that occur when a product (or one of its parts) is being manufactured. Although the product may have been designed perfectly, something went wrong when the product was made. Manufacturing defects, unlikely design defects, can often be repaired or remedied so that the product can safely go back on the market.
Marketing Defects, or Failure to Warn
Marketing defects are some of the most difficult types of defects to understand. In short, there is nothing wrong with the way a consumer product was designed or even manufactured, but it was marketed in such a way that consumers were not adequately warned about risks of using the product. Companies can even be liable if they fail to provide warnings about risks associated with unintentional but foreseeable uses of the product.
Seek Help from a Santa Fe Product Liability Attorney
If you or your child sustained an injury after using a dangerous or defective product, you could be eligible to file one of the types of product liability lawsuits we discussed above. In some cases, a product may contain more than one of the above kinds of defects. It is important to speak with a Santa Fe product liability lawyer who can help you to determine what kind of defect caused your injury and who may be liable. Depending upon the type of defect, you may be able to file a claim against more than one party. Contact Slate Stern Law to learn more about the personal injury services we provide to plaintiffs in New Mexico.