Manufacturing Defects vs. Design Defects: What Consumers Need to Know
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When a consumer purchases a product, they expect it to function safely and as intended. Unfortunately, defective products cause thousands of injuries every year, leading to product liability claims against manufacturers, designers, and retailers. When a product is found to be defective, determining whether the flaw is due to a manufacturing defect or a design defect is crucial for pursuing legal action.
Understanding the distinction between these two types of defects is essential for injured consumers seeking compensation. Consult a West Palm Beach product liability attorney to explore the key differences between manufacturing and design defects, how liability is determined, and what consumers need to know when pursuing a claim.
What Is a Manufacturing Defect?
A manufacturing defect occurs when a product is designed correctly but is improperly made due to an error during production. This type of defect usually affects only a small percentage of products within a larger batch, meaning that not every unit of the product is defective—only those that were improperly manufactured.
Examples of Manufacturing Defects:
- A batch of prescription drugs becomes contaminated due to improper sterilization during production.
- A car’s airbag is installed incorrectly, causing it to fail in an accident.
- A ladder is missing a crucial safety bolt, making it structurally unstable and prone to collapse.
- A children’s toy contains toxic paint that was mistakenly used instead of a safe alternative.
In each of these cases, the defect is not due to an issue with the product’s design but rather an error that occurred during the manufacturing process. The product would have been safe if made according to its intended specifications.
Proving Liability for a Manufacturing Defect
To establish liability for a manufacturing defect, the injured party must prove:
- The product was defective due to an error in manufacturing.
- The defect existed when the product left the manufacturer’s control.
- The defect directly caused the injury.
- The consumer was using the product as intended at the time of the injury.
In many cases, manufacturers are held strictly liable for manufacturing defects, meaning the injured consumer does not need to prove that the company was negligent—only that the defect existed and caused harm.
What Is a Design Defect?
A design defect occurs when a product’s design is inherently flawed, making it dangerous even when manufactured correctly. Unlike manufacturing defects, which affect only a portion of a product line, design defects impact every unit of the product because the flaw is built into the product’s fundamental structure.
Examples of Design Defects:
- A top-heavy SUV that is prone to rollovers, even when driven safely.
- A hairdryer that overheats due to inadequate ventilation, creating a fire hazard.
- A medical implant that degrades over time, leading to serious health complications.
- A children’s crib with gaps in its design, posing a strangulation or entrapment risk.
In these cases, the defect is not the result of an error in manufacturing but rather a fundamental flaw in the way the product was designed. Even when built according to the manufacturer’s specifications, the product remains unreasonably dangerous.
Proving Liability for a Design Defect
To establish liability for a design defect, the injured party must prove:
- The product was designed in a way that made it unreasonably dangerous.
- An alternative, safer design was feasible without significantly impacting functionality or cost.
- The defect directly caused the injury.
- The consumer was using the product as intended.
Unlike manufacturing defects, design defect claims often require expert testimony to demonstrate that a safer alternative design was possible and that the manufacturer failed to implement it.
How Courts Determine Liability in Defective Product Cases
In defective product claims, Florida courts typically apply the Consumer Expectation Test to determine whether a product’s design was unreasonably dangerous:
Consumer Expectation Test
This test evaluates whether the product performed as an ordinary consumer would expect it to under normal use. If the product poses an unexpected danger that a reasonable consumer would not anticipate, it may be deemed defective.
Example: A lawnmower unexpectedly ejects a blade while in operation, injuring the user. The court may find that a reasonable consumer would not expect the blade to detach under normal use.
Defenses Manufacturers May Use
In both manufacturing and design defect cases, manufacturers may argue:
- Product Misuse: The consumer was not using the product as intended or failed to follow safety instructions.
- Assumption of Risk: The consumer knew the product was dangerous but used it anyway (e.g., using power tools without protective gear).
- Comparative Negligence: The consumer’s actions contributed to their injury, which may reduce the manufacturer’s liability.
What Consumers Should Do If Injured by a Defective Product
If you believe you’ve been injured due to a defective product, take the following steps:
- Seek Medical Attention immediately to document your injuries.
- Preserve the Product in its post-accident condition, if possible. Do not alter or repair it.
- Document Everything by taking photos of the product, your injuries, and the accident scene.
- Report the Incident to the manufacturer and the U.S. Consumer Product Safety Commission (CPSC).
- Consult an Experienced Product Liability Attorney to evaluate your claim and determine the best legal course of action.
Contact Smith, Ball, Báez & Prather
Understanding the difference between manufacturing defects and design defects is crucial when pursuing a product liability claim. While manufacturing defects result from errors in production affecting specific units, design defects stem from inherent flaws in the product’s blueprint, impacting every unit produced.
Both types of defects can cause serious injuries, but proving liability requires different legal strategies. If you’ve been harmed by a defective product, an experienced attorney can help you navigate the complexities of product liability law and fight for the compensation you deserve.
If you or a loved one has been injured due to a defective product, the attorneys at Smith, Ball, Báez & Prather can help. Our team has extensive experience handling product liability claims and will work to hold negligent manufacturers accountable. Contact us today for a consultation to discuss your case and explore your legal options.
Source:
law.cornell.edu/wex/products_liability