Products begin in manufacturing plants before going through wholesalers and retail entities—where they then reach the consumer. Once they’ve left those plants, though, there are no examinations to make sure their quality and craftsmanship is sound. Defects in these products can be extremely dangerous to consumers and their friends and families. Faulty automobile brakes, contaminated foods, improperly sealed bottles, or flammable children’s pajamas all fall into the category of defective products, and many of them can cause a lot of damage, or even death. Because many parts of one product may come from several different manufacturers, product liability claims can be filed against any or all parties that play a role in the manufacture of a product. Inherent defects that cause harm to anyone using a product form the basis for these claims. Products are generally categorized as tangible items, but have also been known to include intangible items (i.e. fuel), naturals (i.e. pets), real estate, and written documents.
It is important to understand that product liability statutes vary somewhat from state to state. However, the key to product liability claims is to prove that a product is defective. Three types of defects that direct liability toward manufacturers and suppliers are design defects, manufacturing defects, and defects in marketing. Design defects usually exist even before manufacturing, while manufacturing defects are a result of the production process. Marketing defects involve improper instructions or failures to warn consumers about potential dangers in the product. Although there are different types of defects, product liability is generally considered a strict liability offense, meaning that the degree of defectiveness is inconsequential once a defect is identified. If a consumer is harmed in any way by a product, liability falls automatically on the manufacturer and any other party involved in the production process of a product.