How Manufacturer Errors Can Contribute to a Defective Product
Manufacturing defects are unintentional defects. They are usually accidental in nature. For example a chair is designed by engineers to be stable. However, during manufacture a worker fails to install the screws correctly in one leg causing it to wobble. This constitutes a manufacturing error which creates a defective product. So how do the courts decide what type of defect caused plaintiff injury? If the defect was designed into the product, then it will exist in all of the products. However, if the product was manufactured defective then the problem with only exist in a fixed number or small percentage of parts.
In essence a manufacturing defect is a mistake, plain and simple. Under product liability laws the manufacturer will be held responsible. The manufacturer is held accountable even if the firm has a reputation for never making defective product, because a mistake is a mistake. Under product liability this liability without fault, liability without fault judgments are usually imposed to prod the manufacturer to upgrade product safety and manufacturing specifications. These judgments also tend to cause the manufacturer to raise prices charged to the consumer. The thinking is that consumers who pay the price increase benefit from added safety should share in the cost without having to suffer personal injury.
A plaintiff can seek to recover based on charges and proof of negligence in manufacture, along with negligent design. The claim of negligent manufacture accuses the maker of not using reasonable care when building the product. Product liability law holds manufacturers, sellers and distributors liable for any product that injures a consumer as long as the consumer can prove negligence or defective design, whether intentional or unintentional. The consumer can also rely on what is called the “malfunction doctrine.” This doctrine takes precedence when it can be proven that an accident or injury was directly caused by the defect. But again, the burden of proof is on the consumer to make his or her case.
To learn more, contact our defective product lawyers at our Allentown, Lancaster, Philadelphia personal injury firm.