We use consumer products every day and trust that they are safe. From the vehicles we drive to the medicines we take to the appliances in our homes, we rely on manufacturers to design, produce, and market products that will not cause us harm. But when a product is defective, the consequences can be devastating.

At Dr. Ted Injury Law, David Kim leads our product liability practice with nearly three decades of experience, including 15 years representing Fortune 500 manufacturers. That insider knowledge of how corporations design, test, and defend their products gives him a significant advantage when fighting for injured consumers.

Three Types of Product Defects

Product liability law recognizes three categories of defects that can make a manufacturer liable for injuries:

Design Defects

A design defect exists when the product's design is inherently unsafe, even when manufactured correctly. The product was designed in a way that creates an unreasonable risk of harm that could have been avoided with a safer alternative design. Examples include a vehicle with a center of gravity so high that it is prone to rollovers, a power tool without adequate safety guards, or a children's toy with small parts that pose a choking hazard.

Manufacturing Defects

A manufacturing defect occurs when a specific unit of a product departs from its intended design due to an error in the manufacturing process. The design itself may be safe, but something went wrong during production. Examples include a tire with a weak spot in the rubber that causes a blowout, a batch of medication contaminated during production, or an airbag with a faulty inflator that deploys with excessive force.

Marketing Defects (Failure to Warn)

A marketing defect exists when a product lacks adequate warnings or instructions about its known risks. Even a well-designed and properly manufactured product can be dangerous if the consumer is not warned about potential hazards. Examples include a medication without adequate warnings about dangerous side effects, a power tool without instructions for safe operation, or a chemical product without warnings about toxic fumes.

Strict Liability in Product Cases

One of the most important features of product liability law is that most states, including North Carolina, South Carolina, and Georgia, apply some form of strict liability to defective product claims. Under strict liability, you do not need to prove that the manufacturer was negligent. You only need to prove that the product was defective, the defect existed when the product left the manufacturer's control, and the defect caused your injury. This is a significant advantage for injured consumers because it eliminates the need to prove exactly how the manufacturer failed in its duty of care.

Common Defective Products

Product liability cases can involve virtually any type of consumer product. Common categories include motor vehicles and automotive parts, pharmaceutical drugs and medical devices, household appliances and electronics, children's products and toys, power tools and industrial equipment, food products, and recreational equipment.

What to Do If You Are Injured by a Defective Product

  • Seek immediate medical attention
  • Preserve the product in its current condition and do not attempt to repair it
  • Save all packaging, instructions, and receipts
  • Take photographs of the product and your injuries
  • Do not return the product to the manufacturer without consulting an attorney
  • Report the incident to the Consumer Product Safety Commission

Contact Dr. Ted Injury Law at (800) 555-HURT for a free evaluation of your defective product case.