In 2023, over 300 recalls affecting more than 150 million consumer product units were issued in the United States. Despite how that may sound, that only represents a small number of products available to the public that could be hazardous or cause injuries. Defective products abound, and there is no guarantee their dangerous qualities will be discovered before someone is hurt.
However, it’s important to be aware of the fact that the definition of a “defective product” is broader than some people realize. Most assume all defective items are ones that do not function as intended. And though such products are defective, there are other types of defects a consumer good can have while still performing its duty.
Being injured by any type of product is a sufficient reason to consult with a product liability lawyer about your rights.
Product Liability Law Basics
Companies that manufacture and produce products used by the public owe consumers a legal duty of care. In other words, they must take reasonable steps to ensure dangerous products do not reach the open marketplace. The less obvious a product’s hazardous characteristics are to the average consumer, the more steps the company that produced it must take to satisfy its legal obligations.
A company that allows an unreasonably dangerous product into the marketplace can face administrative penalties levied by the government. They can also be responsible for the medical expenses, lost wages, and suffering experienced by consumers hurt by the product.
Three Categories of Product Defect Explained
There are three primary types of “defects” that can make a product dangerous for use by consumers:
1. Design Defects
A product with a design defect is unnecessarily dangerous when it is used as intended by the consumer. The product in question is unsafe because the manufacturer either chose to use inferior materials or failed to conduct sufficient product testing to determine how safe the product was before releasing it to the public.
What makes these defects as dangerous as they are is that every product produced shares the same hazardous characteristics. As a result, the entire product line is capable of causing injuries. If the product is sold nationwide, that puts an immeasurable number of consumers at risk, and the product should, therefore, be recalled.
The Ford Pinto is a classic example of a product with a design flaw defect. As a result of the accidents, all Ford Pintos produced before a certain date shared the common risk of catching fire in a rear-end collision. Over a million affected Ford Pintos needed to be recalled due to safety concerns.
Manufacturers generally work to avoid design defects by allowing time to conduct sufficient tests before a product goes to market. Engineers should test products under circumstances similar to how a reasonable customer might use them, taking into account that some people may not use the product precisely as intended.
2. Manufacturing Defects
A product with a manufacturing defect is one that is not produced according to its initial design. As a result, the product is unsafe for its intended use and can cause injury if used regardless. Unlike a design defect, manufacturing defects typically impact a relatively small number of total units.
Consider the safety recalls issued for some infant formula products over contamination concerns. In 2024, Perrigo voluntarily recalled a batch of its infant formula because of elevated vitamin D levels. That counts as a manufacturing defect because the formula produced according to the manufacturer’s specifications would not have had such high amounts of vitamin D in the first place.
Consumer product producers should institute quality control measures throughout the production process to avoid manufacturing defects. These measures would randomly test products to ensure they meet the product’s specifications. If any abnormality is discovered in a tested product, production should cease, affected products should be recalled, and the issue should be corrected before continuing the manufacturing of the product.
3. Labeling Defects
Some products can still be defective and dangerous, despite being carefully designed and manufactured, if they do not sufficiently warn consumers about how to safely use them and the dangers involved in doing so. A manufacturer who allows a product to go to market with a labeling defect can be legally responsible for injuries that result.
It’s for that reason that warning labels are often found on mattresses and other consumer goods. These may advise of the product’s flammable nature, for instance, and insist you keep it away from heat sources because of it. Adequate labeling is also crucial for pharmaceuticals so individuals know what side effects to expect, how to safely take their medications, and when to call their doctor.
Furthermore, proper labeling underscores a manufacturer’s need to thoroughly understand their product and the intended consumer. The sufficiency of a warning label is measured by considering the average consumer using the product. A manufacturer is liable for labeling defects if an average consumer could still be hurt despite the label’s location and contents.
For example, suppose that a manufacturer fails to warn consumers that leaving their space heaters running for hours raises the risk of fires. The average consumer might not understand that risk without a safety label, meaning the manufacturer could be responsible for damages if a consumer’s house catches fire and people are injured.
How a Florida Product Defect Accident Lawyer Can Help
If you or a loved one have been hurt while using any publicly available product, do not assume the fault lies entirely with you. Manufacturers have legal obligations, including producing a safe product that is free from defects. If they do not meet that duty, they may be responsible for your medical bills and other losses.
Schrier Law Group’s team of experienced Florida product liability lawyers are prepared to assist you following your injury accident claim. Armed with years of experience, your attorney can determine whether a product that was defective led to your injuries and what steps you can take to protect your rights in your products liability case.
