Product Liability Law: What is a Marketing Defect?
An item may be considered defective if an error in the manufacture of the product causes a user to be injured. In many cases, items are labeled as defective if they are designed or produced in a way that causes harm to users. Many of these defective items are often recalled. However, it is possible for corporations to cause injury to their consumers even if their product was manufactured safely. In cases of marketing defects, the way that a product is advertised and sold can endanger users.
Examples of Marketing Defects
Marketing defects may include any instance of negligence that occurs after a product is manufactured and is related to the retailing of the item. When an otherwise safe product is not properly marketed, customers can sustain injuries upon use.
Some common examples of marketing defects include:
- Failure to warn — This is one of the most common, and one of the most dangerous, types of marketing defects. Products that can be hazardous must include proper warning labels that inform customers of the dangers of use. This includes detailing side effects and medication interactions of drugs or medical devices. Without this information, consumers can suffer from injuries.
- Inadequate use directions — Consumers must be provided with complete information on how to use a product. Some items can be hazardous if used incorrectly, and a manufacturer or retailer can be held liable for injuries if they failed to provide proper instructions for use of their product.
- Misleading advertisements — A company can also be held liable for injury damages if their advertisements do not accurately reflect the use of a product and any potential dangers.
Who is Liable for Marketing Defects?
Marketing defects can be the fault of many different parties involved with the manufacture and sale of a product. From the people who write the copy on a warning label to those who physically affix the label to the product and beyond, many people are responsible for ensuring products are marketed properly. The marketing of products that are produced by large corporations is likely all done in-house, but other companies could be liable for damages if a company outsources any of their marketing work.
Do You Have a Marketing Defect Case?
You may have a claim for marketing defects if you were injured by a product and negligent marketing appears to be the cause. The Groth Law Firm, S.C. legal team can evaluate your case to determine why your injury occurred and who is liable.
Our lawyers can help you recover the compensation you deserve if you have been harmed because of someone else’s negligence. Contact us to discuss the details of your case.
Send us a message or call (414) 768-2727 to schedule a free consultation with our attorneys.