What Is Considered a "Defective Product" In a Lawsuit?

What Is Considered a "Defective Product" In a Lawsuit?

At Sico Hoelscher Harris LLP, we often represent individuals who have been injured by dangerous, defective products. However, not all dangerous products are considered “defective” for the purposes of a product liability lawsuit. In this blog, we explore the various ways a product could be considered defective – if you or a loved one has been hurt, call us today to pursue justice.

Hold negligent manufacturers accountable for the damage they cause. Call (877) 653-3334 to pursue justice with our help.

The Product Was Defectively Manufactured

When most people think of a defective product, they think of products that were improperly constructed. In legal terms, a product could be considered defectively manufactured if there was a flaw in the production, causing it to be different than the intended design or other production runs.

Nearly any product can suffer from manufacturing defects, including:

  • A batch of medication with an improper ratio of ingredients
  • A bicycle constructed with an improperly-mixed alloy
  • A children’s playset with a sharp edge

The Product Was Defectively Designed

Sometimes, it is the design of the product that makes it unnecessarily dangerous, rather than the actual construction of the item. These products often cause more widespread injuries than defective manufacturing, as the problem is not limited to a single bad batch.

Examples of a defectively designed product include, but aren’t limited to:

  • A tire design that features a weak sidewall
  • An electric tea kettle with a handle that heats up excessively
  • Bedding that is not sufficiently fire-retardant

The Instructions or Warnings Were Inadequate or Inaccurate

There are some products that must be dangerous in order to be useful, but this does not alleviate the manufacturer of their responsibility to make it reasonably safe. In these cases, manufacturers must first design the product to avoid unnecessary danger, and must also include sufficient warnings and instructions to prevent injury.

Products which may suffer from inadequate warnings include:

  • A medication which does not list a danger for interactions with other common drugs
  • A toxic chemical that does not specify what breathing and eye protection are required
  • A table saw without instructions for safe blade removal

Call (877) 653-3334 Today To Seek Justice

When manufacturers fail in their duty to make products reasonably safe, it is the users who truly pay the price. At Sico Hoelscher Harris LLP, our fearless trial attorneys have taken on major companies, recovering groundbreaking verdicts in the process. When you trust us with your case, you’re trusting a firm with more than 100 years of collective legal experience, and a firm that has recovered more than $1 billion for our clients.

Our nationally-recognized team is ready to help you fight back against corporate negligence. Contact us today for your free initial consultation.


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