Marketing defect is also generally referred to as failure to warn and represents a sort of product liability. In such cases, the plaintiff will have the right to claim that marketing defect or failure to warn has led to an illness, injury or even death due to the dangers of the product. There are three types of product liability claims in the United States. The first one involves manufacturing defects of the product, the second one – design defects and finally the above-mentioned marketing defects or failure to warn.
Every single product manufacturer is obliged to warn all the consumers about the potential threats that their products pose. For instance, the majority of products come with certain instructions for the safe usage. Such instructions may warn you not to wet the product or not puncture it. Furthermore, all product manufacturers should indicate what age group the product was designed for. Of course, consumers must also adhere to the instructions and keep all the warning in mind.
Negligence, Strict Liability And Breached Warranty
In case of a defective or dangerous product, a plaintiff could make various claims. For instances, the manufacturer could have breached the warranty that was initially given to the consumer. Warranty is a sort of a promise that is made to the consumer. For instance, in case a product is accompanied with a lifetime warranty but it stopped to function properly after several years, this may imply the breach of warranty.
Furthermore, the principle of negligence can also apply. In case it will be proven that the manufacturer had a duty of care towards the consumer and the duty was violated and ended up with an injury or death, the manufacturer is considered to be negligent. Negligence also represents a sort of liability claim. In general, in case a manufacturer is found guilty of carelessness, he is held liable for any of the consumer’s injuries or suffering. Besides, there is strict liability, which does not include negligence. Manufacturers could also be held liable for the defect, but it does not necessarily imply negligence.
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Law Offices of Jorge L. Gomez, Houston personal injury attorney