Defects that give rise to seller, supplier and manufacturer liability are categorized by 3 types of defects: (1) manufacturing defects; (2) design defects; and (3) failure to warn defects.

(1) Manufacturing Defects:

These defects involve errors or contamination that occur during the product’s production.  These affect a specific number of units or batches of a product rather than the entire product line.

Examples of manufacturing defects:

• • Improperly installing electrical wiring or electrical components.
  • Attaching the parts of a product together incorrectly.
  • Using the incorrect screws or bolts when assembling the product.

(2) Design Defects:

These defects occur when the actual design of the product is faulty; meaning the defect exists before the product is manufactured.  These affect the entire product line rather than a single unit or batch.

Examples of design defects:

• • An automobile tire that suffers a tread separation at a certain speed.
  • An improperly designed safety guard on a power tool that fails to prevent injuries.
  • A vehicle that flips over during sharp turns due to it being too top heavy.

(3) Failure to Warn Defects.

These defects occur when a manufacturer, distributor or retailer fails to provide adequate warnings on a product about known or potential risks.

Examples of failure to warn defects:

• • Failing to warn the user or consumer of the caustic nature of wet concrete and the dangers associated with wet concrete coming into contact with skin.
  • Failing to warn a small product presents a choking hazard.
  • Failing to warn a product is flammable and/or that the products vapors may cause flash fire.

• Drop-Side Cribs. Although drop-side cribs are designed to make it easier for parents to place infants in and out of the cribs, they pose serious risks to infants. The drop-down design feature that allows the crib panels to slide up and down can slip or break, causing a gap to form between the crib mattress and the drop-side of the crib. The infant may become stuck or trapped in this gap, leading to strangulation or suffocation.

• GM Ignition Switch. GM installed faulty ignition switches in several of its models over the last decade or so. Affected vehicles often shut off when being operated and have caused countless car accidents.

• Metal Hip Replacement Implants. Hip implants are designed to replace the ball-and-socket joint of the hip. Metal implants often leads to metallic debris being released into the body from the friction between the hip’s metal components.

• Steamers. Handheld clothing steamers often expel, spray or leak hot water during use, oftentimes resulting in serious burns to the user.

• Electric Pressure Cookers.

A recall is a request to return, exchange or replace a product after a manufacturer or consumer watch agency discovers defects that could harm users and consumers.