Products can include everything that we purchase every day, from a lawn mower, to an automobile and the drywall used to construct your home. Products fuel the American way of life and when a manufacturer makes, packages, distributes, and advertises their product, there is an understanding that the product is to live up to the promises of the maker. After all, that is what you have purchased. But products don’t always live up to their promise.
Product liability law distinguishes between three different types of product liability claims:
- A Manufacturing Defect
- A Design Defect
- A Failure to Warn (also known as marketing defects)
In the courtroom, a consumer who is injured by defective drywall, for example, might plead a legal theory of a strict liability for defective design or a negligent failure to warn.
A Manufacturing Defect
What is a manufacturing defect? You might have seen that in the real world as shoddy workmanship or poor quality materials used in the manufacturing process.
We assume that a store will not sell something that is poorly manufactured. A manufacturing defect is never intended. But the truth is, thanks to cost-cutting and poor oversight, many products with serious manufacturing defects do find their way to store shelves. Shoddy manufacturing can expose consumers to electric shocks, toxic exposure within their home, chemical poisoning, burns, and broken limbs. A manufacturing defect in a car can mean a faulty seatbelt in an auto accident makes the accident much worse than it otherwise would have been.
Many products have to be recalled by manufacturers because they are not safe due to a manufacturing defect.
A product can also be affected by a design defect meaning it is useless, therefore defective, or inherently dangerous. But a design defect is not the same thing as a manufacturing defect, which describes poor construction. A design defect has no bearing on how carefully the product was manufactured, the product does not satisfy customer expectations, or the risks outweigh the benefits. A failure-to-warn about nonobvious dangers could be mitigated if there was an adequate warning. In that case it doesn’t matter how well the product was manufactured or designed.
How do you decide if the lawsuit is a defective design or defectively manufactured? Quite simply look at whether the defect is unplanned or planned. If the item is made as planned, it was a design defect. A manufacturing defect is not planned. You would expect to find fewer manufacturing defects, since they are essentially a mistake.
If an unreasonable danger exists to the user, there is a basis for a lawsuit. If a manufacturing defect exists or shoddy workmanship or poor quality materials were used, and they pose a danger to consumers, the users can hold the manufacturer, seller, and/or distributor responsible in a court of law.
Speak with a Jacksonville FL Manufacturing Defect Lawyer at Farah & Farah
These cases can be difficult to try and costly. The Jacksonville personal injury attorneys at Farah & Farah have been helping consumers injured by shoddy products since 1979. Let us consult with you on your disability, injury, or wrongful death case that involved a defective product. Call us today at 877-245-6707.