A dangerous product is not necessarily a defective one. A claim against a manufacturer or distributor of a product rests on the existence of a defect.

A lawnmower is dangerous, but that does not mean it is defective. A person who flips a lawnmower over and sticks their hand in its spinning blade is unlikely to have a claim. If a person is using a lawnmower the way it is supposed to be used, and part of the blade breaks off and strikes them in the head, then they may have a legal claim. The question is whether the lawnmower contained a defect that made it inherently and unreasonably dangerous for normal use.

There are three types of defects that may give rise to a legal cause of action:

• Design Defect: A design defect is a failing in the design that makes a product dangerous to use in the way it is intended to be used.

• Manufacturing Defect A manufacturing defect is a flaw that occurs during the manufacturing process that renders a product unsafe for its ordinary use.

• Marketing Defect: A labeling defect is a shortcoming in the instructions or warnings that make a product unsafe to use in the typical manner.