Under product liability, anyone who offers products to the public has a duty of ensuring that the products are not defective. The parties who are liable for the Risks & damages of defective products include manufacturers, retailers, and distributors, among others. Anyone who suffers a risk or damage that emanates from the use of a defective product has a right to seek for compensation.
The aggrieved parties can lodge a claim on the various bases. They can make a claim on the manufacturing defect of a product, design defect of a product, or lack of a warning sign on a product concerning its defect.
These defects arise during manufacturing of a product. Several aspects relate to the manufacturing process of a product. However, most defects arise due to the use of poor-quality raw materials. Additionally, some defects are because of poor workmanship during a production process.
Sometimes a manufacturer can have a quality proto-type of a product design, but the product can contrast with the standard design. It means that the product cannot satisfy the need or want of a consumer, according to the manufacturer’s intention. A design defect means that a product has an inherent danger when it gets to a consumer. The danger either means that the product compromises consumption safety, or the product has risks that are more than its benefits.
Lack of a warning sign defect
Some Risks & damages of defective products are a result of lack of a warning sign, concerning the existing defects. Sometimes the defects are non-obvious, and they negate every manufacturing caution to mitigate them. In this regard, the manufacturer can warn about the defects in order for the consumers to become wary of the same.
Several remedies aim at diluting a situation that entails the existence of risks and damages that come from consumption of defective products. To begin with, a manufacturer can place a warranty on a product. It means that there is a possibility for a consumer to deal one-on-one with a manufacturer in order to settle a claim. The other remedy applies a strict liability that vests a provider of the product with a responsibility to mitigate risks and damages that result from consumption of a defective product. Under this remedy, a consumer can seek a legal redress in order to get a compensation for any risk or damage that comes from consuming a defective product.
In some states, there are laws that create protection policies for Consumers, against consumption of defective products. However, these laws only apply to economic loss, but not to physical injury and property damage. The laws only provide a remedy for products that become unusable due to their defects.