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Products liability

Defects That Create Liability
There are several types of product defects that incur liability in manufacturers and suppliers:

1 – Design Defects
Design defects are inherent, as they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. In 47 states, the plaintiff has the burden of proof to prove the existence of a design defect. In Alaska, California, and Hawaii however, the defendant must justify the product’s design to show why there was no defect.

2 – Manufacturing Defects
Manufacturing defects occur during the construction or production of the item
Only a few out of many products of the same type are flawed in this case

3 – Defects in marketing
Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product

4 – Strict Liability
Products Liability is generally considered a strict liability offense. With regard to product liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant’s intent. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.

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