California Product Liability Attorney: What Is A Manufacturing Defect? - By: William Turley

There are some dangerous products which are improperly designed, while others have manufacturing defects which make them dangerous. When someone is seriously injured by a defective product that was being used in an intended or foreseeable manner, the manufacturer, seller, distributor and/or retailer may be held legally responsible. Under these circumstances, a person injured by the product may recover damages for their injuries.

Every State has different product liability laws. In this article we discuss California's product liability laws. Specifically, what is a manufacturing defect?

In a design defect case, the product is manufactured as intended, but the design is dangerous because either the dangers posed by the design outweigh the benefits of the design or the design does not meet consumer expectations. A manufacturing defect is different from a design defect.

Under California law, a product contains a manufacturing defect if the product differs from the manufacturer's design or specifications or from other typical units of the same product line. In general, a manufacturing or production defect is readily identifiable because a defective product is one that differs from the manufacturer's intended result or from other ostensibly identical units of the same product line.

A defective product is viewed as one which fails to match the quality of most like products, and the manufacturer is then liable for injuries resulting from deviations from the norm. Thus, in a manufacturing defect case oftentimes something broke. For example, there is a weld failure. Another example is metal fatigue. Or a bottle that breaks or cracks. Or a bolt breaks due to having substandard metal.

In essence, one way to look at a manufacturing defect is there was a mistake in the manufacturing process. Under California's products liability laws, even if the manufacturer was very, very careful in manufacturing the product, the manufacturer may still be liable for a manufacturing defect with the product. It is not a defense that the manufacturer took all reasonable precautions in manufacturing and selling the product.

In order to prove any cause of action in California, the Plaintiff must meet all the elements of the cause of action. In order to prove a manufacturing defect under California law, the injured person must establish the following elements:

1. That the defendant manufactured/distributed/sold the product or was in someway responsible for the product. Also known as the stream of commerce for the product.

2. That the product contained a manufacturing defect or a defect when it left the defendant's possession. Stated a little bit differently, there must be proof that the product malfunctioned.

3. That the product was used or misused in a way that was reasonably foreseeable to the defendant.

4. That the Plaintiff was harmed.

5. That the product defect was a substantial factor in causing the plaintiff's harm.

In most instances, a manufacturing defect case is easier to prove and understand. When something breaks that is not supposed to break - - it is easy to understand the product is defective.

Disclaimer:

This article is not legal advice. I am simplistic in order to achieve clarity. The circumstances of your product liability case may vary from those described herein. The foregoing legal discussion is based upon California Product Liability Law. You are advised that if you are a seriously injured by a product you should consult with a California product liability attorney. Finally, whenever you go into court asking for money damages to be awarded to you, your credibility is always at issue. You must always tell the truth. If the jury believes you have been dishonest - you will lose your case.

About the Author

Bill Turley is a San Diego Product Liability Lawyer. He was elected President of Consumer Attorneys of San Diego. The Turley Law Firm has the most comprehensive California Product Liability Attorney website.

Article Directory Source: http://www.articlerich.com/profile/William-Turley/63381

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