What are some of the types of product defect?
• Manufacturing defect – Where the product was designed properly, but the defect came about through the manufacturing process. • Design defect – Where the product was essentially flawed because of its design. • Failure to Warn – Where a product, although otherwise safe, causes an injury due to the manufacturer’s failure to warn of a particular danger associated with the use of the product that was known or reasonably knowable to the manufacturer. What standards apply in proving that a product was defective? This depends on the theory of liability that an injured party is pursuing. If one is bringing an action under negligence, he must show that the defect that caused the injury came about through the defendant’s failure to exercise reasonable care in the design, manufacture, and marketing of the product. In a strict liability case, the general test is whether the product itself was unreasonably dangerous, regardless of the care used in designing or producing it. Finally, in a breach of
