Manufacturing defects and your products liability claim | Bart Durham Injury Law

Manufacturing defects and your products liability claim

Defects in manufacturing occur when a product functions in a way in which is was not intended. Such as a pace maker designed to last 20 years, malfunctioning after five years or a bottle that is supposed to be child proof, that can be easily opened by one. If these type defects take place, a product liability case may be the result.

Product liability law, is the area of the law that deals with manufacturing defect claims. Consumers have the right to recover compensation for lost wages, medical expenses, long term medical care, and other related expenses.

Manufacturing defect claims fall under the area of law known as strict liability, which means that even if a manufacturer used all due care to ensure the product met its intended purpose and guidelines; if the end result is that the product departed from its intended purpose, and caused injury, then the manufacturer is liable for all associated damages.

In general, manufacturing defects are rare. That's because in order for there to be a manufacturing defect, the product would have to reach the consumer in the condition it was intended to be, and still cause injury, not as an exception, but as a general use of the product.

Meaning, all products come with warnings, and even after all quality assurance and designed tests are performed, occasionally some productions of the product are flawed. However, it is rare for an entire line of a product to be flawed in both design and assembly, and still make it to the end consumer without being red flagged by a manufacturer's quality assurance team.

Manufacturing defect claims can be difficult to prove because there can be other factors that resulted in one's injuries. Under the malfunction doctrine, the product must have caused the injury itself, without the aid of contributing factors. Unless one can demonstrate through causation that those other factors were extraneous in nature and not the primary result of the injuries sustained.

If you or someone you know has been the victim of a manufacturing defect, the advice and counsel of an experienced Tennessee products liability attorney can help you navigate through the complex nature of this type case, to help decide what course of action is right for you.

Source: FindLaw.com, "Product liability defects in manufacturing," accessed Jan. 20, 2017

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