Even a well-designed product can have defects that have the potential to harm consumers.  A product defect can be the result of improper manufacturing that departs from the intended design for that product.  When a manufacturing defect such as contaminated prescription drugs or a faulty metal hip replacement causes injuries to consumers, the manufacturer can be held liable.

What is a Manufacturing Defect?

A defect in manufacturing is not something that the manufacturer intends; however, that does not affect liability. More specifically, a manufacturing defect occurs when “the product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product.”

Strict liability for manufacturing defects

The legal standard for manufacturing defect claims is strict liability.  In other words, it does not matter how careful the manufacturer may have been in designing its products, choosing materials, or issuing quality assurance guidelines. If a poorly manufactured product left the factory with a defect, and that defect caused injury to a consumer, the manufacturer can be held liable.  One required element, though, is that the injury occurred when the product was used for any of its intended purposes.

Manufacturing defects are not the most common

Design defects and warning defects are more common types of product liability claims because they affect every product made and sold.  However, manufacturing defects are only affect a limited number of products.  That is because, in most cases, the manufacturing controls and regulatory oversight employed by manufacturers normally limit the number of defective products that are produced.  Nevertheless, compensation may be available for those limited cases where a defectively manufactured product causes injury.

If you have questions regarding wrongful death, or any other personal injury matters, please contact the experienced attorneys at Means Gillis Law, PC, either online or by calling toll free at (844) 870-1777.