What Contribution Do Manufacturing Defects vs Design Defects Have on Product Liability Claims?
Injuries aren't ever particularly welcome so, if you've been injured by a defective or faulty product, you're sure to be less than pleased about it.
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January 25, 2018

Injuries aren’t ever particularly welcome so, if you’ve been injured by a defective or faulty product, you’re sure to be less than pleased about it. Even a minor injury can mean you need to take time off work, potentially losing out on some much-needed income. Bradley S. Hartman is an experienced personal injury attorney in Cooper City, with a proven track record of winning compensation for injuries just like yours. One of the first questions he’ll ask during a consultation is whether the injury happened as a result of a manufacturing defect or a design defect – do you know the difference?

The Three Types of Defective Product

While simply classifying products as “faulty” or “fit for purpose” is perfectly fine in your every day, when it comes to a legal situation, it’s important to be more specific about the type of defect. The three types currently recognized by legislation are manufacturing defects, design defects, and marketing defects. Of course, your personal injury attorney will know which category your case falls into, but it’s good to have some idea of what you’re dealing with.

To give you a brief overview:

  • A marketing defect relates to how the product was sold. This may cover inadequate operating instructions, or a failure to warn of any potential risks involved in using the product
  • Manufacturing defects occur when the product is made and can include a chair missing a leg, or one where a leg hasn’t been properly secured. In other words, a manufacturing defect is one that happened by accident during production
  • On the other hand, a design defect relates to an element which was deliberately designed into the product, making it unfit for purpose and potentially hazardous. Think of a stool which was designed with only three legs, which may be aesthetically pleasing but cause the stool to tip when used

How to Identify Manufacturing Defects vs Design Defects

Now you know the three types of defect, you may be wondering how to ascertain which category your product falls into. An easy way of doing this is to consider the intention behind the flaw – a design flaw will be found in every single product of the same time, as it was intended to be that way. However, a manufacturing defect is unintentional, and will only be seen in some of the products. The type of defect seen in the product causing your injury will affect your legal rights, and how your Cooper city personal injury attorney pursues your claim.

Working with Your Cooper City Personal Injury Attorney

Under current legislation, a manufacturer will be liable for any manufacturing defect in a product, no matter how much care was taken during the production process. Product liability, or liability without fault, reflects the fact that mistakes can happen and, while the manufacturer took due care, they must still accept responsibility for injuries caused by their products. However, you must prove that the product was defective. When you consult with Cooper City’s Bradley S. Hartman about a product liability case, the attorney will explain how to prove that a manufacturing defect existed.

In the case of design defect, this can be more complex, but your Cooper City personal injury attorney will work tirelessly to achieve the best possible outcome from your case.

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