Product liability lies with those who make and sell products to consumers. If you suffer an injury from the normal use of a product, then you may have a case against a manufacturer or seller.

To bring your case to court, it helps to understand the type of liability as this will enable you to decide who to bring the claims against. Cornell Law School explains there are three types of product defects for which you can bring a claim.

Marketing

A defect in marketing would be when there is a lack of proper instructions or a failure to properly warn you of the risks of using the product. For example, all electrical products come with a warning about electric shock and how you might increase the chances of a shock by using the item in certain ways. This warning helps to bring your attention to a known issue and aims to prevent you from suffering this type of injury.

Design

A design defect is something that will affect every single item of the same kind. It is a flaw in the basic idea for the product that exists prior to manufacturing.  In your case, you have the burden of proof to show there was a defect in the design of the product and that it did not come from any other step in the process of making the item.

Manufacturing

A manufacturing defect occurs during the making of the physical product. It may occur in all the items or only in groups of the item because it could be an issue on one line during the manufacturing process or something that went wrong only on a specific day or at a specific time during the process.