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Defining the different types of product defects

Like all consumers in Bozeman, you buy a product believing that it will do that which it is intended to do. Sometimes you might have to suffer through the annoyance of it not working as well as you would like, yet your dissatisfication typically is not enough to support a liability claim against the manufacturer. However, as many of the clients that we here at Cok Kinzler PLLP have worked with have discovered, products can often go beyond annoying you to even causing harm to you and/or your loved ones. In order to assign liability, the harm caused in your case often has to be traced back to a defect with the product. 

According to the National Paralegal College, the U.S. legal system recognizes three types of defects: 

  • Manufacturing defects
  • Design defects
  • Defects due to a lack of warning

Say, for instance, that you buy a new step ladder. The ladder comes fully assembled direct from the manufacturer. You pull it out for the time to lift a box into your attic, and the ladder falls over. You break your leg and sustain a concussion in the fall, which results in medical bills and your having to miss work to recover. If you were to pursue a liability claim, you could prove a manufacturing defect was the caused if you showed that the ladder was missing a screw when you opened it. 

A design defect might be if the material used on the steps of the ladder is shown to be poor at supporting weight. You might also argue that not warning users to keep their weight balanced is a defect due to a lack of warning. You can discover more information about assigning liability for defective products by continung to explore our site. 

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35 North Bozeman Avenue
Bozeman, MT 59715

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