Manufacturing Defects

Manufacturing defects are caused without any intent. Generally, a manufacturing defect arises out of a mistake in the process of making an item, whether a tire or a toy. By contrast, design defects are features of the design that the maker intended. They are found in every sample of a particular line, whereas a manufacturing defect is a one-time mistake, or at most limited to a few samples of the product. A company may be held strictly liable for a manufacturing defect that causes injuries through a products liability lawsuit. At the Dean Law Firm, our Ocala lawyers are familiar with these complex claims and can represent consumers against makers of items that have harmed them.

In Florida, a manufacturer may be held strictly liable for an injury if the product was in a condition that was "unreasonably dangerous." This means the item failed to perform as an ordinary consumer would expect it to perform when used as intended, or it failed when the consumer used it in a reasonably foreseeable way, or the risk of danger in the design of a product outweighed its beneficial uses.

Manufacturers, as well as distributors and sellers, may be held strictly liable even if they used reasonable care to make the product. For example, if you follow package instructions and show your child how to play with a toy, and the child follows these directions but is hurt, the manufacturer likely will be strictly liable for the injury. Similarly, if you use medical equipment appropriately after an accident and doing so worsens your injuries, the manufacturer probably can be held strictly liable.

It is often necessary to retain an expert at the outset of a manufacturing defect case. The expert can determine whether there is a defect and whether it caused the accident. The manufacturer likely will retain an expert to counter this testimony. It is common for manufacturers to argue that a product was used in an unforeseeable way, or used for the right purpose but improperly.

Strict liability is imposed with the assumption that forcing manufacturers to take responsibility for the harm caused by their products will result in their investing in product safety. In a manufacturing defect case, you will need to prove that there is a manufacturing fault or defect and that the defect caused your injuries. This is in contrast to a negligence-based case, in which you would have to show that the manufacturer breached a duty of care in making the product. Manufacturers and sellers are usually in a better position to insure against losses than are individual consumers. Therefore, they can be held responsible for damages where there is a manufacturing defect, even if they behaved reasonably.

Companies must make sure that the products they make are safe to use. When they do not, a manufacturing defect can cause a catastrophic accident or a wrongful death. At the Dean Law Firm, our injury attorneys represent Ocala residents and others who have been hurt due to manufacturing defects. We also assist consumers in Crystal River, The Villages, and other areas of Lake, Levy, Marion, Sumter, and Citrus Counties. Contact our firm at 352-387-8700 or via our online form.