If you have been injured from a manufacturing defect in a product, you may be entitled to compensation. This guide will help you understand manufacturing defects and how to prove your strict liability or negligence claim based on manufacturing defects. We’ll also explore defenses like assumption of risk that are commonly used by defendants.
Product defects are generally put into three categories: design defects, manufacturing defects and marketing defects. Marketing is when the product is not sold well. Design falls into two categories: intended and unintended. Manufacturing is when there was an error in the making of the product, but this was not intentional.
What Is A Manufacturing Defect?
A manufacturing defect is when the product accidently deviates from the intended design, even if the manufacturer took care to create it. A design defect is a situation where every product in a line has a problem.
A manufacturing defect is when something goes wrong during the construction of a product. If a consumer is hurt due to the defect, it could give reason for someone to file a product liability lawsuit.
Manufacturing defects are one of the most common causes of product liability claims. Injuries from manufacturing defects may stem from a number of different sources, such as manufacturing errors or negligence in design and manufacturing processes.
Unlike design defects, manufacturing defects are usually only in one or a few items, not all the products. They happen when something goes wrong with the product and it doesn’t work right. Manufacturing defects can happen even if someone takes a lot of care to make sure that they have designed and made the product well.
Product manufacturing and necessary quality assurance controls are in place to help limit the number of defective products produced. But sometimes a bad product gets past these controls. The most common product defects are low-quality materials and assembling components. This is because sometimes a worker might not be careful enough or they might use poor quality material to make the product.
If a defective product causes bodily injury when used for what it is meant to be used for, the company that made the product could be held responsible. Even if they were careful and did a good job when making the product, they will still be responsible. If someone wants to show that the manufacture was not careful enough with their work, they would need to show how the bad thing that happened was caused by something wrong with their work.
Proving A Manufacturing Defective Product Case
If there is a problem with the product from the manufacturer or seller, they will be responsible for it. It doesn’t matter if they did a good job or not. If there are any problems with the product, then they will be responsible for it and have to fix it.
When someone makes a claim or sues a company, the legal time has to prove the manufacturing defect is what actually caused the injury. This can be difficult to prove if the cause was from something else. Sometimes, a person’s own actions also contribute to something that causes an accident that causes bodily injury and it can be difficult to know exactly what caused the injury.
Malfunction Doctrine in a Product Liability Suit
After an accident occurs, it is critical that the product that caused the injury is kept so it can be investigated. A safety expert might look at the product in question to prove if there are any manufacturing defects. But in some cases, the product is too badly damaged after an accident that no one can see if it had a defect. Sometimes people call this “malfunction doctrine.” If you are using malfunction doctrine, you should have good evidence of how the accident happened to show that a defect in the product caused your injury.
ARGUING Modification or Assumption Of The Risk
A product manufacturer can defend their manufacturing defect claim or lawsuit in two ways. The first is called arguing modification. You need to show that the product was changed after it left their possession.
The second is arguing assumption of risk requires you to prove that the person knew about the hazard and did not care or ignored it anyway, even though they could have been hurt.
Product liability claims arising from product defects are very common in product liability litigation, and are often one of the main issues to be determined by a jury or judge.
The determination of a product defect is made on a case-by-case basis, but generally product liability claims arise where improper product design causes injury, product manufacturing results in an inferior product that presents an unreasonable risk of harm due to product defects (e.g., malfunctioning parts) or product marketing and distribution creates unreasonably dangerous situations for consumers (e.g., lead in toys).
In each situation, there are steps that must be taken to prove product liability based on defective products, particularly those based on strict liability or negligence theories.
Product liability can be a difficult area of law. There are many standards and tests that people use to determine who is at fault. The main idea behind product liability is that if the product has defects, then the manufacturer or seller of the product may be at fault for any injuries caused by it.