In order to succeed in a product liability action for damages the plaintiff must prove product defect or hazard. There may be broadly three types of product defects: -
Manufacturing Defect
Design Defect
Absence or Inadequacy of Warnings
A manufacturing defect occurs when the product deviates from its standard design despite due care and caution. The manufacturer is strictly liable to the consumer or user for such manufacturing defect even in the absence of any negligence on his part.
A design defect occurs when a commercially feasible alternative design could have given a safer product with reduced risk of harm or injury. The design option must be viable and cost effective.
When due to absence or inadequacy of warning, the customer or the user is not made aware of the possible risks of injury or harm from the product or its inherent dangers, the manufacturer or the seller would be strictly liable for any injury sustained by the consumer. The note of caution in this regard must be conspicuous and highlighted.
