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There are three types of product defects that incur liability in manufacturers and suppliers: Design Defects. Design defects are inherent, as they exist before the product is manufactured. ... Manufacturing Defects. Manufacturing defects occur during the construction or production of the item. ... Defects in marketing.
They are: Negligence. Breach of warranties. Strict liability in tort. Misrepresentation.
In such cases, victims can file a product liability claim against the party responsible in order to recover compensation for losses related to injuries and damage. There are three major types of product liability: manufacturing defects, designs defects, and failure to warn.
With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
A products liability claim normally involves injury or damage caused by a defective product. Proving the claim usually involves one or more of three basic theories of liability: negligence, breach of contract/warranty, and strict liability.
In West Virginia, the general rule for recovering under the theory of strict liability is that an injured person may recover if he or she was injured by a product that is not reasonably safe for its intended use. Also, Under West Virginia law, it's no excuse that other manufacturers are making similar products.
Product liability negligence refers to a company's failure to meet the legal standard of care in the manufacturing or design of a product. The law requires that manufacturers take reasonable steps to ensure that their products are safe for consumers.
Primary tabs Manufacturing defect, where the manufacturing of a product was done incorrectly. Design defect, where the design of a product itself was unsafe and there existed safer alternatives. Marketing defect, where there is inadequate warning of the product risks.