Cok Kinzler PLLP

The types of defects that lead to product liability

When someone in Montana purchases a product, there is an expectation that it will work properly. Unfortunately, product defects can result in a number of different injuries to consumers, and when this occurs it is the court's responsibility to determine who is at fault. In terms of product liability, there are various parties that can be liable for different types of defects.

FindLaw discusses that liability may lie in the hands of anyone who was responsible for the product from the production stage to the selling stage. This may include the manufacturer of the product's parts, the manufacturer of the product itself, the party that puts the product together, the wholesaler or the company that sold the product. It is up to the court to decide which party or parties are responsible for the defect.

According to Cornell Law School Legal Information Institute, there are three types of defects that can lead to liability. One type can happen during the design process. In this type of case, the plaintiff is responsible for proving there were defects even before the manufacturing process began. Another type of defect occurs during the item's production. Finally, a defect can occur during the marketing process. This may be in the form of not warning about a product's hazards or in not giving proper instructions for its use.   

In terms of product liability, the court generally does not take the intent of the manufacturer or seller into consideration when deciding fault. If there is a defect, there is liability. 

 

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