If someone is injured by a defective product, they may have grounds to file a lawsuit against the manufacturer, wholesaler, or distributer, depending on the manner of defect.
Manufacturing defects, which are caused by errors during assembly of the product, are not intended to be part of the product. This type of defect will usually only be found in a small percentage of the manufactured products. Based on the theory of strict liability, a manufacturer is liable for any manufacturing defects that occur as a result of faulty construction, regardless of whether they took care throughout the manufacturing process. The plaintiff needs to prove that the defect allegedly responsible for their injury was present at the time of departure from the factory where the good was produced.
A design defect is a flaw in the original design blueprint of a product which can cause it to be unreasonably dangerous and creates an undue hazard for potential users. This type of defect will typically be found in all of the manufactured products. Three questions are asked to determine whether a design defect exists.
- Was the product’s design unreasonably dangerous prior to production?
- Was it reasonable to anticipate the design of the product could potentially harm a user?
- Could the manufacturer have used a superior design which was also economically feasible in order to avoid the hazard another design would have avoided?
If any of these questions are answered affirmatively, the injured party may have grounds for a design defect claim and should contact one of our attorneys as soon as possible.