If you’ve been injured or incurred damages as the result of a defective product, you may be able to seek compensation under different theories. There is a wide range of defects that can make a product unsafe for consumers. Manufacturing defects are the most common cause of product liability claims.
What is a manufacturing defect?
With a manufacturing defect, a product is entirely safe as designed, but something happened during the manufacturing process that made the product unsafe. The product fails to meet the manufacturer’s design specifications. If the product would still be dangerous even if it were put together correctly, then the issue is probably a design defect rather than a manufacturing defect.
Manufacturing defects are defects that were not intended and should be found in a small percentage of items in a group of products. Generally, quality control measures limit the number of defective products that are shipped to consumers, but sometimes a poorly manufactured product slips through the cracks.
What causes a manufacturing defect?
The two most common causes of manufacturing defects are the use of inferior quality materials to make the product or carelessness when the product is made. Failing to determine a rivet was not fastened correctly could make a safely designed step ladder prone to collapse, or failing to determine that a glass product had an air bubble in it that could cause it to break when exposed to heat, are examples of manufacturing defects.
If an injury is caused by an unsafe product, it is essential for the injured person to hold onto the defective product. The product can then be examined by an expert to determine if there is indeed a manufacturing defect.
When a defectively manufactured product causes injury when used for its intended purpose, the manufacturer can be liable for any injuries that result under the principle of strict liability. Under strict liability, the manufacturer is liable even if it was careful when putting the product together. Someone trying to prove strict liability only has to show that the product was defective and that the defect caused the injury. The reasoning behind strict liability is that the manufacturer is the party with the incentive and the opportunity to produce safe products and to ensure quality control.
If you believe that a defective product has injured you, it is important to have an attorney evaluate your case as soon as possible. At Bonina & Bonina, P.C., we have over 50 years of experience helping injured New Yorkers in product liability claims. Contact us online or call us at 1-888-MED-LAW1 to schedule your free consultation. Home and hospital visits available. Se habla espaňol.