When you buy a product and it does not perform how it should, you can often get a refund or exchange. Many times, it is an issue that is more of an inconvenience than anything else. However, there are some instances where a product defect could cause you harm. In this situation, you may have a product liability case, but you need to make sure that you understand which type of product defect you have in your situation.
Cornell Law School explains that there are three types of product defects. A marketing defect is when the company failed to properly explain how to use the product or did not provide adequate warnings about the use of the product. Because of this failure, you suffered an injury. If the company had given proper instruction and warnings, then you would not have an injury or at least, you could have made a more informed decision about using the product knowing the possible risks.
A manufacturing defect is when something goes wrong during the process of making the product. Often, this only happens to some of the products and is not an issue with every single product this manufacturer sold.
Finally, a design defect is when there is an issue with the creation of the product prior to manufacturing. Design defects can be tough to prove because the court may allow a design defect if the overall utility of the product outweighs the risk of using it.
In many cases, you will find it is rather easy to determine what type of defect you have. Sometimes, though, it may take a little time and investigation to get to the bottom of what went wrong.