Question

For each of the following examples of product liability cases, explain what type of defect is being alleged.

A. Liability of an off-road auto manufacturer for failing to install a roll bar to minimize injures if the vehicle overturns.

B. Liability of a baby food manufacturer for pieces of glass found inside some jars.

C. Liability of a pharmaceutical company for side-effects of a drug.

Answer 1

The term product liability implies the legal liability of a company for manufacturing and selling a faulty product.

A. Failure to install a roll bar that would minimize injuries of a vehicle overturns is a Manufacturing defect. This is because the manufacturer has not installed the different parts of the product properly as per the design.

B. Pieces of glass in the baby food is a manufacturing defect as it is due to the negligence during the manufacturing process that the glass pieces have crept in the baby food.

C. Side effects of a drug should be mentioned clearly on the drug or in the packet on a separate slip. This is a marketing defect as the company has not provided complete information to the consumer by giving details of the side effects of the product.