Manufacturing defects occur during the production or assembly of a product. Generally speaking, manufacturing defects are caused by one of two things: poor materials or poor workmanship. Unlike design defects, manufacturing defects are not related to the inherent safeness of the product. Suppose a child pulled down on the side of his / her crib, causing the rail to break and allowing the child to fall. The design map shows that that the rail is secured with for screws, but the crib only has three. The child’s parents may have grounds for a product liability case because the crib was manufactured incorrectly.
Manufacturing defects are often associated with strict liability; a liability standard that makes an individual responsible for injuries caused by his/her actions or omissions (failure to act). In other words, strict liability imposes fault on the individual responsible for manufacturing error. In a products liability case claiming a manufacturing defect, the injury must have been caused by the manufacturing defect specifically. If the injury resulted from a misuse or action by the injured party, the manufacturer cannot be held liable. Like other liability claims, the defect or claimed negligence must have direct cause in injury and the plaintiff’s party holds the burden of proof.
Manufacturing defects can be difficult to prove, especially if the product was damaged at the time of your injury. For example, defective brakes could easily cause a car accident, but it may be difficult to prove that the brakes were defective if the accident severely damaged the car. At Greenberg & Stein, P.C., we can help you understand your legal options through a manufacturing defect claim. Our team has recovered millions of dollars for accident victims and is ready to put this this experience to work for your case. Contact our office for a free case evaluation to see what the New York City personal injury lawyers at our firm can do for your case.