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What are the three categories of defectiveness in products?

| Oct 7, 2020 | Products Liability

As an Ohio resident, you expect the merchandise you purchase to uphold a level of safety. Products go through rigorous planning and testing to ensure safety, and most of the time there are few consumer concerns. 

But unfortunately, product defects can and do happen. And when they happen, they can put your health and well-being at risk. 

Design defects

Cornell Law School defines the three areas of defect that create liability for a product. They include design, manufacturing and marketing defects. 

If a product has a defect in design, this means the defect is inherent. This flaw in design may cause the product to put its user at risk despite fulfilling its intended purpose. Even if manufactured in accordance to the design itself, this danger still exists. In Ohio, the plaintiff (you) has the burden of proof. This means you must show that the design flaw exists. 

Manufacturing defects

Manufacturing flaws occur when the product moves from concept to reality. Issues with manufacturing happen during production, construction or creation of a product. In these cases, defects affect a few units of one batch of a product. 

Marketing defects

Marketing defects mean that the product is not sold with proper warnings or instructions. A product’s marketing must disclose all potential issues with the product’s design or use. For example, products with sensitive batteries may need cool storage. If the product does not warn for this and battery leakage occurs after someone leaves the item in the sun, this is a defect-related issue. 

If a product’s defect harmed you, chances are you are not alone. Cases like this often benefit greatly from the use of class action lawsuits.