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What is a Manufacturer Defect?
Everything You Need to Know

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Collen Clark Published by Collen Clark

Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.

A manufacturer's product defect is a flaw present in a product when it is manufactured. These defects can be the result of poor design, sub-standard materials, or careless workmanship. In some cases, a manufacturer may be aware of the defect but failed to take corrective action.

If a defective product has inflicted you harm, you may be able to file a lawsuit against the manufacturer. I have previously worked on several cases involving manufacturer defects, and I will tell you all you need to know about the product liability law and what to look for if you think you may have a case.

Summary of the Key Findings

  • Manufacturing defect lawsuits are difficult to win unless you prove that the product had a defect
  • The Manufacturing Defect Law ensures that companies are producing safe, well-made products
  • If someone gets injured by a product with a manufacturing defect, they can take legal action

3 Types of Product Defects

A person checking for manufacture defects

There are three main types of defects that can lead to a product liability claim: design defects, manufacturing defects, and marketing defects.

1. Design defects

The product is not reasonably safe for its intended use. This could be because the design is flawed or because the product was not designed with certain safety features.

For example, if a car is designed so that it is likely to roll over, this would be a design defect.

2. Manufacturing defects

When the product is not made according to the plans or specifications for its design. This could be because of poor craft, sub-standard materials, or a problem with the manufacturing process.

For example, if a car has mechanical defects, as in it is supposed to have airbags, but the manufacturer fails to install them, this would be a manufacturing defect.

3. Marketing defects

When the product is unsafe for its intended use and the consumer is not made aware of this. This could be because of inadequate warnings or instructions, false advertising, or a lack of proper labeling.

For example, if a chemical is sold without warning the consumer of its dangers, this would be a marketing defect.

What is a Manufacturing Defect?

A manufacturing defect is when a product doesn't work like it was supposed to. The mistake can be in the design or how the manufacturer made it. If someone gets injured by a product with a manufacturing defect, they can take legal action [1].

The Manufacturing Defect Law

A person holding a black bookA manufacturing defect occurs due to an accidental error during the design or production of a product, causing it not to work as intended. A product that is defective can cause immense harm to consumers. 

The law protects consumer rights and collects damages for injured consumers, and consumer protection laws have been implemented in the United States.

The Manufacturing Defect Law ensures that companies are producing safe, well-made products. This law says that it is the responsibility of the manufacturer, creator, designer, or assembler of a product or its parts to compensate for injury caused by defective merchandise [2].

Compensation for damages can include:

  • Hospital bills
  • Ongoing surgeries and medical care
  • Prescription medication
  • Lost wages
  • Product defects caused wrongful death damages

Manufacturing defect lawsuits are difficult to win. If you are injured, it is best to seek legal services and legal representation in order to prove that the manufacturing process caused the defect.

Manufacturing defects occur when:

  • The item has product defects.
  • These defects either caused the injury or played a big role in hurting the person.
  • The manufacturer knew about the product defect but did not take any action to correct them.

"Companies need to be aware of the potential for product liability at every stage of the life cycle as well as their ability to defend the decisions they make. For example, product liability claims can be made long after the products were manufactured."
- Reese Cann, Products Liability Professional

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See all related product liability litigations our lawyers have taken on.

Characteristics of Manufacturing Defected Product

A person working at textile paint

In order for a product to be considered defective, it must first meet the following criteria:

  • The product must have been used as intended or in a foreseeable way.
  • The defect must have existed at the time the product was sold or given away.
  • The defect must have caused an injury.

So, if a product injured you and it meets the above criteria, you may have a case for a manufacturing defect and must seek the help of product liability attorneys.


What are examples of manufacturing defects?

Examples of manufacturing defects are a car that suddenly accelerates on its own or a chair that collapses when someone sits in it.

What is considered a manufacturing defect?

A manufacturing defect is considered a flaw in the design or manufacture of a product that makes it unsafe for its intended use.

What is the difference between a design defect and a manufacturing defect?

The difference between a design defect and a manufacturing defect is that a design defect represents a flaw in the intended design of a product that makes it unsafe for its intended use. A manufacturing defect is a flaw in the manufacture of a product that makes it unsafe for its intended use.

Should You File a Manufacturing Defect Claim?

You should file a manufacturing defect claim if you believe that you have suffered an injury due to a manufacturing defect. Speaking with experienced personal injury attorneys or product liability attorneys is important. 

Our legal team at Schmidt & Clark can help you investigate your claim and determine whether you may be eligible to file a product liability lawsuit against the manufacturer. Contact us and get your free consultation with our lawyers today.