Simple examples illustrate the above.
The following is an example of a manufacturing defect. A car is designed with a horn. A driver of the new car pulls out of the car dealer lot, sees a pedestrian, and presses the horn, but no horn sounds. The pedestrian does not see the car and is run over. The driver opens up the hood of the care to see why the horn did not work and discovers that the horn was never installed. That is a manufacturing defect.
The following is an example of failure to warn. A high powered cleaning solution is manufactured with a strong acid component which easily removes rust. However, the solution will very easily eat through human skin and users should be warned to wear rubber globes when using it. The manufacturer fails to insert a warning in the box containing a bottle of the solution. A person then uses the product, does not put on rubber gloves because he was not warned, and is burned. This is a failure to warn.
The following is an example of a design defect. A bicycle is manufactured with a handbrake that is attached to the actual brake on the wheel with a thin nylon cord that breaks easily. The user of the bike uses the hand brake but the nylon cord snaps and the bike in involved in an accident. That is a design defect.
The above examples are merely illustrative – fact patterns can widely vary in real world situations.
If you are injured due to a defective product, your claim may include, if appropriate, a demand for compensation for your pain, suffering, disability, impairment, and loss of the enjoyment of life.
In addition, if applicable, your claim may include a demand for payment for your medical bills, loss of income, and other actual provable economic losses.
We have handled many product liability claims over the years. In the “Cases” section of this website we detail several such cases.