Consumers put trust in the products they buy, believing they will function safely and correctly. Unfortunately, some items are defective, resulting in physical injuries and property damage.
Several common causes of defective products in Auburn could be to blame when you suffer an injury. A hardworking product liability attorney can assist in making a claim for rightful compensation.
Types of Product Defects and Their Causes
Product flaws typically fall into one of three categories: design, manufacturing, and marketing defects.
Design Defects
A product that could have been designed to be safer without losing its function may have a design defect. Claims based on these flaws question whether a seller could have created the item differently but chose to keep the more dangerous design instead.
For example, imagine an airbag deployed in a minor car accident and injured the driver, but there is a newer deployment system in use by other companies that did not cause harm. The seller of the original airbag might be accused of using a defective design instead of reasonably adopting the newer, safer system. An Auburn-Lewiston lawyer can explain in greater depth how design defects in a product can be grounds for filing a claim.
Manufacturing Defects
A product that should function perfectly but instead causes injury could have a manufacturing defect. Part of the item could have been made poorly or constructed outside specifications before reaching a consumer.
When an airbag deploys incorrectly and causes an injury because of an ill-constructed part—but the design was standard and safe—the person or entity that installed the airbag might have caused a manufacturing defect. As a result, that manufacturer, rather than the designer, could be liable for the harm caused.
Marketing Defects
A product could pose a danger that the seller does not disclose adequately, leading to a marketing defect. A case based on a marketing defect—also known as a “failure to warn” claim—looks at the advertising and warnings associated with it to see if the seller made the proper disclosures for a consumer to use the product safely.
For instance, a new drug may have a particular risk of damaging a vital organ, but this is not thoroughly disclosed in the advertising. The seller might have caused a marketing defect through incomplete advertising efforts and may be responsible.
An Auburn attorney well-versed in the typical causes of defective products can understand the differences between these defect types and help make the best argument on a client’s behalf.
Liability Basics for Defective Products in Maine
The Maine Revised Statutes Title 14 § 221 assigns responsibility for a defective product to the seller as long as a few elements are satisfied. The item must be in a faulty condition when put on the market, and the seller or manufacturer must have caused the defect. In addition, the injured party must be foreseeable as someone affected by the product, and the product must reach them in an unaltered condition from when it was sold.
An Auburn lawyer can help sort through the evidence necessary to prove these elements, such as documentation of an item’s history, the processes of a manufacturer, and scientific proof pointing to an undisclosed risk.
Call an Attorney in Auburn Today to Discuss Common Causes of Product Defects
Consumer product flaws can cause serious harm. Whether your injury results from a design, manufacturing, or marketing defect, an experienced lawyer can support and walk you through your case.
Talk to a personal injury attorney to further discuss the common causes of defective products in Auburn and your options for compensation. You can call us to schedule your initial consultation today.
