Manufacturing Defects Versus Design Defects

From a legal standpoint, product defects generally fall into three categories: design defects, manufacturing defects, and marketing defects. Marketing defects are problems with the manner in which a product is sold or advertised and can include inadequate warnings or instructions. Design defects are, in a manner of speaking, intended. The intended design of the product is inherently defective. Manufacturing defects, on the other hand, are defects that are not part of the design, but occur when the manufacturing process somehow deviates from the design.

Product defect law varies from state to state, so an attorney should be consulted to understand the particulars of your rights in your state. Contact a skilled product liability attorney as soon as possible to discuss your situation.

Planned or unplanned defects

How do you know whether the product that injured you was defectively designed or defectively manufactured? A very simple way to look at it is to ask whether the defect was planned or unplanned. If every individual product produced was defective, but was produced according to the product design plan, there was a design defect. They were produced according to plan, albeit a defective one. A manufacturing defect, on the other hand, is an unplanned defect - a deviation from the design plan. You would generally expect to find only a small percentage of manufacturing defects in a group of products produced according to a particular plan.

A manufacturing defect is, in essence, the result of a mistake in the manufacturing process. Under strict product liability law, even if the manufacturer was extremely careful in manufacturing a product, it will still be held responsible for any manufacturing defect in the product. The reason courts impose liability without fault is to encourage greater investment in product safety as manufacturers attempt to avoid getting caught in this broad net of liability.

In a manufacturing defect case, often the deviation from the design can be used to show that the product was defective. But proving how or why the flaw or defect occurred can be a difficult proposition. Strict liability means the manufacturer is liable even without requiring the plaintiff to prove the manufacturer was at fault. A manufacturing defect may be caused by the manufacturer's negligence, but the plaintiffs could have difficulty proving it. Strict liability in these cases allows deserving plaintiffs to succeed notwithstanding what would otherwise be difficult or insurmountable problems of proof.

A design defect is some flaw in the intentional design of a product that makes it unreasonably dangerous. A design defect exists inherently in a product from its inception. For example, a chair that is designed with only three legs might be considered defectively designed because it tips over too easily. Design defect claims often require a showing of negligence; however, strict liability may be imposed for an unreasonably dangerous design if the plaintiff can present evidence that there was a cost-effective alternative design that would have prevented the risk of injury. In some cases, if a product was so unreasonably dangerous that it never should have been manufactured, the availability of a safer design might not be required to hold the designer liable. Again, the law varies among the states, so an attorney should be consulted to learn your rights in a particular state.

Different courts use different tests to determine whether a product is defectively designed. Some courts say that a product is defective if it is unreasonably dangerous as designed. Others say that a product is defective if it is not safe for its intended or reasonably foreseeable use, as designed.

While some courts require that a product be proved both defective in design and unreasonably dangerous because of the defect, many courts have combined the defect and danger elements. In those courts, a product is held to be defectively designed if it is unreasonably dangerous because of its design. Courts use various definitions of "unreasonably dangerous," including a product that is more dangerous than an ordinary consumer would expect, a product with risks so great that a reasonable seller would not place the product on the market, or a product design where the risks outweigh the benefits.

Although strict product liability law allows liability without fault, a plaintiff may seek to recover based upon allegations and proof of negligent manufacture or negligent design. A claim for negligent manufacture alleges that the manufacturer did not use reasonable care in manufacturing the product. A claim for a design defect under the theory of negligence alleges that the product is defective because it was designed without reasonable care.

Conclusion

The law holds manufacturers, sellers, and distributors responsible for products that pose a danger to users or consumers from design or manufacturing defects. If a product has injured you, you may be able to recover for your injuries under products liability or negligence law. You will need to consult a lawyer about the particular law in your state.

An attorney with experience in handling product liability and negligence cases can analyze the facts surrounding your injury and determine whether the product that injured you was defectively designed, defectively manufactured, or both. Contact a skilled product liability attorney as soon as possible to discuss your situation.