Manufacturing Defects under Advanced Torts
Got it! Here's an explanation of Manufacturing Defects under Advanced Torts (Product Liability) law:
Manufacturing Defects in Product Liability (Advanced Torts)
🔎 What is a Manufacturing Defect?
A manufacturing defect occurs when a product departs from its intended design during production, making it more dangerous than consumers expect—even if the design itself is safe.
The defect is due to an error or flaw in the manufacturing process.
Only a small number or batch of products are affected, not the entire product line.
⚙️ Key Characteristics
The product differs from the manufacturer’s intended design.
The defect makes the product unreasonably dangerous.
The product is defective and unsafe due to how it was made, not how it was designed.
🛠️ Example
A batch of soda bottles with weak glass that shatters easily, while the design calls for strong, durable glass.
A car’s braking system that was assembled incorrectly, causing failure even though the design is sound.
⚖️ Liability for Manufacturing Defects
Under product liability law, manufacturers can be held strictly liable for manufacturing defects.
Strict liability means the plaintiff does not need to prove negligence.
The plaintiff must show:
The product was defective due to a manufacturing error.
The defect caused injury while the product was being used as intended.
The product had not been altered after leaving the manufacturer.
🧑⚖️ Legal Tests
Consumer Expectation Test: Would a reasonable consumer expect the product to perform safely? If not, there’s a manufacturing defect.
Risk-Utility Test: Sometimes used, weighing the risk of harm against the utility of the product.
📝 Difference from Other Defects
| Defect Type | Definition | Scope |
|---|---|---|
| Manufacturing Defect | Product deviates from intended design | Affects specific units |
| Design Defect | Flaw in the product design making all products unsafe | Affects entire product line |
| Warning Defect (Failure to Warn) | Lack of proper instructions or warnings about risks | Applies broadly |
Summary
Manufacturing defect = Product was made incorrectly → Unsafe.
Manufacturer liable regardless of negligence.
Plaintiff must prove defect caused injury.
RELATED Blog
0 comments