In product liability law, there are a number of reasons why a product may be found defective and cause injury to a consumer. In such cases, the consumer has the right to consult a product liability lawyer and file a product liability lawsuit to obtain compensation or damages as a remedy to the injury. One of the elements the consumer must prove is who is responsible for the defect. One place along the chain of production that is often found is a defect in manufacture. That means that the product had an intended design that was found to be safe in other similar products, but this particular product had a manufacturing defect that did not conform to that design and caused an injury.
There are generally three places in which defects can be found in products:
- Design defects - which can be found in the way the product was originally created and designed
- Manufacturing defects - which occur when the factory produces a flaw that is not in the design plans
- Marketing defects - in which the instructions or warnings on the product are inadequate to protect the consumer
When there is a factory defect, or a defect in production, it means that somewhere, at some stage of the manufacture of the product, there was an error or defect in manufacture that made the product unsafe. In most cases, appropriate efforts were made to create a safe product, but mechanical, technical, or human error caused the factory defect. While it can be difficult and time consuming to find the exact point or person that caused the factory defect, two methods can be used to prove product liability:
- “Res ipsa loquitur” or “the thing speaks for itself.” - this means that merely because there is a production defect, and that particular defective product does not conform to the design of other similar products, it is clear that there was negligence that produced the manufacturing defect
- Strict liability - the defendant does not need to prove that, or in what way, the manufacturer was negligent, only that the product was defective
Liability in Manufacturing Defects
When there is a defect in production and a consumer suffers injury as a result, that consumer has the right to file a product liability lawsuit and obtain remedies such as compensation or damages. All that the consumer and their lawyer must prove is that there was a defect in manufacture, that that defect caused injury, and that there were no alterations by the consumer to cause the defect. If that case can be proven, the plaintiff may win their case and be awarded the appropriate amount of compensation.
Getting Legal Help
It is important to retain an experienced product liability lawyer when considering a case concerning a production defect. They understand the legal process, but sometimes more importantly, they know the state laws and the court officials that are all important parts of conducting an effective and successful product liability lawsuit.