What are the differences between a design defect, manufacturing defect, and warning defect claim?
A product liability claim involves a product that is sold or used that causes harm or an injury to a person. There are three types of product liability claims in North Carolina: a design defect, manufacturing defect, and warning defect. A design defect claim refers to a product that is being sold with an inherent flaw in the way it was designed. This means that no matter how the product was manufactured, the product will not work as expected due to the design. For example, a car seat may have a design defect that causes it to collapse in the event of a crash, resulting in injury. A manufacturing defect claim involves an issue with the way a product was made or assembled. This means that the product was manufactured differently than the way it was intended to be. For example, a car tire with an improperly sealed seam could result in a blowout and injury. Finally, a warning defect claim involves inadequate labeling or instruction that should have been present on a product, or the lack of warning about potential dangers of using a product. For example, if a chemical product does not have any warning about potential risks, then a consumer may suffer an injury that was not foreseeable. In North Carolina, the three types of product liability claims each have different elements that must be proven in order to be successful. Understanding the difference between a design defect, a manufacturing defect, and a warning defect will help you make the best decision for your product liability case.
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