Manufacturing Defects This type of defect occurs when a product is made with a defect that was not intended by the manufacturer. It is a departure from the intended design of the product, and makes the product more dangerous to the user. If a manufacturing defect is found, the manufacturer is subject to strict liability under product liability law.What is Strict Liability?
Strict liability means that the manufacturer of the product is liable even if they were not negligent in making the product defective. This is very helpful to plaintiffs in these cases because it is often difficult to prove the manufacturer is guilty of negligence, as it requires proof of standard of care, breach and causation. In these cases, the manufacturer will be held liable for all injuries caused by the product. Strict liability is useful in that it encourages manufacturers to put out the best products possible in order to avoid lawsuits and injuries.
The Rationale for Strict Liability
Strict liability also makes it so that manufacturers internalize costs that they would not otherwise, and causes them to evaluate the full cost of each product they produce. Because of this, manufacturers make sure that the product’s absolute good will always outweigh its absolute harm. Those who support strict liability believe that it is better to put this cost on the manufacturer, who can then pass the cost onto the consumer. Therefore, the premium for insurance of defective products is built into the sale price. Strict liability also reduces the costs of litigation. Plaintiffs in manufacturing defect cases–and their product liability attorneys— only need to prove causation (that the product in question actually caused the injury), which leads to more settlements than litigation.
Causes of Defective Manufacturing
There are two common causes of defective manufacturing: poor-quality materials and a lack of care when assembling the product. This type of defect can be preventing through the use of better materials or a higher standard of care during assembly. This is in contrast to a design defect, which leads to a dangerous situation regardless of how it is manufactured. To figure out if the defect at hand is a manufacturing or design one, simply ask yourself if the product would have still caused the injury if it had been properly put together. If it is a design defect, the answer will be yes. If it is a manufacturing defect, the answer will no, the injury would not have occurred if the product was properly put together. Manufacturing defects result from failures during the production of the product, not from the original product plan.
Find Out If You Have A Product Liability Case For A Defective Product
If you have suffered an injury due to a defective or dangerous product, contact us for a free confidential case review and receive a response within hours, or call (617) 886-0500 . If you need a product liability lawyer outside of Massachusetts, contact us for a referral.