Products Liability

The Restatement (Third) creates three categories of product defects:

1. Manufacturing Defects

2. Design Defects

3. Inadequate Instructions or Warning

Manufacturing Defects

A manufacturing defect exists when the product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product.

Design Defects

A design defect exists when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design, by the seller or distributor, and the omission of the alternative design renders the product not reasonably safe.

Inadequate Instructions or Warning

An inadequate instruction or warning exists when the foreseeable risks of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller or distributor and the omission of the instructions or warnings renders the product not reasonably safe.