PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us via telephone, video conference, or FaceTime. Please call our office to discuss your options.
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. 


No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help? Set Up Your free Consultation.

Call us at 800-677-6263 or use our contact form to arrange a free consultation with an experienced personal injury attorney.

How Can We Help? Set Up Your free Consultation.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

35 North Bozeman Avenue
Bozeman, MT 59715

Toll Free: 800-677-6263
Fax: 406-587-9465
Map & Directions