Understanding Consumer Product Defects

Design Defects
Flaws inherent in the product’s design that make it unsafe, even when manufactured and used as intended.

Manufacturing Defects
Errors that occur during the production process, resulting in products that differ from their intended design and pose safety risks.

Failure to Warn (Marketing Defects)
Inadequate instructions, missing safety labels, or failure to warn consumers about foreseeable hazards associated with the product.

• Children’s toys with small detachable parts that create choking hazards.
• Household appliances with faulty wiring that cause electrical fires.
• Contaminated food products leading to illness.
• Power tools without adequate safety guards or warnings.
• Automotive components prone to dangerous malfunctions.

Product defect cases are governed by a combination of federal and state laws.

Consumer Product Safety Act (CPSA) – Federal law enforced by the U.S. Consumer Product Safety Commission (CPSC) to protect the public from unreasonable risks of injury.

Uniform Commercial Code (UCC) – Provides implied warranties of merchantability and fitness for a particular purpose.

State Product Liability Statutes – Many states have specific laws imposing strict liability for defective products.

State Negligence and Breach of Warranty Statutes – States also have specific laws establishing negligence and breach of warranty as causes of action in consumer product defect cases.

Successful product defect claims typically require showing:

1. The product was defective in design, manufacturing, or warnings.
2. The defect existed when the product left the manufacturer or seller’s control.
3. The defect directly caused injury or damage.
4. The product was used in a reasonably foreseeable manner.

Evidence may include product testing, expert testimony, recall notices, and company records.

Potential remedies may include:

• Compensation for medical expenses, lost income, and property damage.
• Damages for pain and suffering.
• Punitive damages in cases of gross negligence or willful misconduct.
• Injunctive relief to remove unsafe products from the market.

Miller Shah LLP is prepared to evaluate and pursue litigation involving defective consumer products nationwide. The firm works to hold responsible parties accountable, recover compensation for harmed consumers, and support public safety by challenging unsafe products.