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Breaking down the three types of product defects

If you have been injured by a defective product, you may not even realize right away that the incident could have been prevented. You might blame yourself for being clumsy or assume it was just a fluke accident.

Identifying a product defect may not be as easy as you might expect. Many people assume that it will be as obvious as seeing something break off or knowing that a product has malfunctioned. However, there are three types of defects that can cause injuries, and they aren't always obvious.

For example, let's consider a situation where you are driving your car on a busy road in Nashville. A dog runs out in front of your car and you slam on your brakes to avoid hitting it. You manage to save the dog, but you are left with serious injuries and damage to your car. You might feel like you are the cause of your own injuries, or that there was no way you could have protected yourself. However, these damages could stem from a product that was defective in one of three ways:

  1. Design defect: Was the airbag in your car improperly designed? Did that prevent it from inflating in time to protect you? Did the design structure of the car impair its crashworthiness?
  2. Manufacturing defect: Were the brakes in your car made with substandard or incorrect parts? Did your seatbelt malfunction because of a part that failed to work properly or was missing?
  3. Marketing defect: Were there dangerous aspects of your vehicle that you were not warned about? Did crash avoidance technology prevent you from being able to operate the car properly for reasons of which you were not aware?

It is very unlikely that you would be able to identify these defects on your own, especially in the aftermath of a crash where your car has likely been damaged.

However, this doesn't mean they can't be identified. You can discuss the situation with an attorney who is familiar in product liability laws and knows what to look for when building a legal claim.

Products like motor vehicles, machinery and medical devices are among those most commonly cited in product liability lawsuits. If you or a loved one has been injured by one of these products, it can be wise to discuss your legal options and rights with an experienced attorney.

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