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Because we do not have the time and/or training to screen every product for safety flaws, we have to hold product manufacturers liable for the products they put out on the shelves. Under the law, they are responsible for ensuring that their product does not cause damage to the consumer (who must work under the assumption that what is allowed to be on the shelf has been properly designed and manufactured).
Any type of product has the potential for harm if improperly designed or manufactured, including automobiles, appliances, over-the-counter drugs, and even toys. Sometimes concerns over costs will lead a manufacturer to cut corners with regard to safety and other times products are simply designed without adequate attention given to the potential for injury, even when the product is used precisely as was intended.
Those who can be found liable for a defective product are the manufacturers, the wholesalers, the manufacturers of component parts, the assembling manufacturers, the retail store owners, and any other entities that facilitate the defective product getting to the consumer.
To prove that a product is actually defective, the plaintiff must demonstrate that the product is defective based on either its design, manufacturing, and/or marketing. A design flaw exists before the product made it to manufacturing. A manufacturing flaw happens while the product is being produced. A marketing defect arises from improper instruction with regard to proper use of the product or failure to warn of potential dangers.
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