Bring An Equalizer to the Fight. Choose a Firm That Was Created to Advocate for Victims.

How Do I Know If a Product Is Defective?

As we have mentioned on this blog, San Diego product liability lawsuits hold designers, manufacturers, and sellers liable for the harm suffered by buyers and users of defective products. Therefore, it important to understand how to determine if a product or medical device is “defective” in the eyes of the law.

In general, “defects” include flaws in the way a product is designed, manufactured, or marketed. Specifically:

  • Manufacturing defects – occur in the manufacturing process and when the product fails to comply with the manufacturer’s or the designer’s specifications for safety. They usually involve poor quality materials (e.g., the Toyota recall of the defective acceleration mechanisms in the cars).
  • Design defects – occur where the product design is inherently dangerous and defective no matter how carefully manufactured. This defect is present from the beginning (e.g., drop-side cribs).
  • Marketing defects – defects that are flaws in the way a product is marketed; insufficient instructions for usage, improper product labels, or failure to warn about possible dangers of using the product (e.g., the Zicam nasal spray recall, where some users lost their sense of smell and taste subsequent to using the drug).

While these definitions may seem straightforward, product liability cases are often complex and require an attorney with years of experience handling product defect cases. Our product liability attorneys have successfully represented plaintiffs in lawsuits against manufacturers and distributors of defective or unsafe consumer and medical products.

If you or someone you love has been seriously injured by a dangerous or defective product, don’t hesitate to contact a San Diego product liability attorney at the Law Offices of Robert Vaage for a free consultation.