Legally Reviewed
This article has been written and reviewed for legal accuracy and clarity by Tort Defenders’ writers and staff and is as accurate as possible. This content should not be taken as legal advice from an attorney.
Consumers trust manufacturers and retailers to deliver products that meet quality and safety standards. As a consumer, you typically expect properly designed and thoroughly tested products and you make purchases trusting that you won’t be harmed when using the product.
However, there are sometimes errors during the design or manufacturing of certain goods. These problems can lead to defective products being put on store shelves.
Often, these defects bring minor inconveniences. You can remedy the issue by returning the item to the store for a refund or replacement. But in some instances, when defects are more serious, they can result in an injury or even death.
Product liability laws can help you get fair compensation if you experience harm or damage due to a defective product. These laws hold companies accountable for poor-quality products or design and manufacturing mistakes. However, the cases can be nuanced and require specific steps.
Here is a closer look at product liability cases involving defects.
What Are Manufacturing Defects?
In simple terms, a manufacturing defect is a serious flaw in a product that comes from errors during production. For legal purposes, such defects are more than cosmetic or quality problems that a buyer can remedy by simply returning the product. They cause the product to act in a way that can cause serious injuries or illnesses for users or bystanders.
Manufacturing defects fall into two categories. Some problems may only affect a single product or a small batch of items. These defective goods can still cause harm and the company could still be liable, but the issue is limited in scope.
Other manufacturing defects can impact an entire production run. The items could be defective or contaminated and cause harm to many consumers.
Occasionally, products are defective before they even reach the production floor. In these instances, the problem lies not in the manufacturing process, but in the design.
Manufacturing Defects vs. Design Defects
Manufacturing defects are distinct from design defects. Both issues can lead to injury to the user. However, the difference between the two can be important for proving product liability. This is especially true for cases involving complicated products, like medical devices.
Here are the important differences between manufacturing and design defects:
- A manufacturing defect arises from an error during the production process, but a design defect is a mistake or oversight in the product’s blueprint. The design may lack necessary safety features or have a defect that makes it unsafe for its intended use.
- Defects in manufacturing usually affect one item or a batch of products. Design defects cause larger-scale problems. In the case of a design defect, manufacturers will use a flawed blueprint during production. As a result, all of the products will have the same dangerous component.
- Manufacturing defects are often unpredictable. They’re isolated incidents that arise from mistakes or malfunctions during production. Design defects are foreseeable. In most cases, proper safety testing and risk analysis should find flaws in prototypes before production starts.
Legally, design and manufacturing defect cases are different. Manufacturing defects are easier to prove in court. All you have to do is show that the product is different from the design due to something that happened while the product was under the manufacturer’s control.
In contrast, design defect lawsuits often involve more complicated arguments. In most jurisdictions, your lawyers need to prove that the design was somehow inadequate and that a hypothetical safer design was possible.
Common Causes of Defects in Manufacturing
Manufacturing defects can arise at any time during production. However, certain errors or oversights are more common than others. Here are some of the most common causes of manufacturing defects.
- Missing components: Production staff may forget an important part during assembly. This omission makes the product incomplete or unstable. It can be especially problematic if the part ensures safety for the user.
- Assembly errors: Workers or machines may add parts incorrectly, and this could result in a variety of problems. For example, a part may detach easily when under stress or cause the product to stop functioning suddenly.
- Faulty parts: The flaw could be in a specific component, which could cause the entire product to stop functioning or behave in an expected and dangerous way.
- Poor quality material: Some companies may use lower-quality materials to cut costs. These materials may be more prone to failure or wear down quickly.
Proper quality control processes can catch some manufacturing defects during production. But if defective products make it to market, it may mean there was lax quality control at the manufacturing facility.
Legal Cases Involving Manufacturing Defects
Recently, there have been several high-profile product liability cases involving manufacturing defects. These examples are based on mistakes made during production, but they also involve other factors. For instance, some companies allegedly knew about defects and potential dangers they caused but continued manufacturing their items anyway.
Here are two recent or ongoing legal actions involving manufacturing flaws.
Johnson & Johnson Talcum Powder
Johnson & Johnson’s talcum powder has been popular for decades for rash and skin irritation prevention. Until 2020, the company’s powder products used the mineral talc, which can be contaminated with asbestos, a known carcinogen.
There have been a number of talcum powder lawsuits in recent years. Most claim that the product caused ovarian cancer or mesothelioma.
Johnson & Johnson has denied these claims but spent $700 million in 2024 to settle a case brought by 40 U.S. states. However, this settlement did not include civil suits brought by individuals. As of April 2024, Johnson & Johnson still faces more than 50,000 civil suits which argue that the use of their product resulted in ovarian cancer.
Baby Formula Lawsuits
Baby formula producers provide another example of how manufacturing defects can impact human health. Specifically, baby formula which contains cow’s milk can be dangerous for premature babies. This is because these formulas are linked to nectrotizing enterocolitis (NEC) which causes damage to the small or large intestine. In severe cases, this can result in the death of the intestinal tissue itself, or even the death of the child.
Despite the large amount of research demonstrating the connection between cow’s milk formulas and NEC, many babies in neo-natal care units may have been fed these formulas without their parents’ consent. As of May 2024, there are many pending lawsuits by families who believe that their children were harmed due to drinking cow’s milk formulas.
Finding Proof of a Manufacturing Defect
Manufacturing defect cases are easier to build than design defect cases. However, they can still be quite complicated. Here are potential points that defendants may use to contest the case.
- Misuse of the product: This argument claims that the injury was caused by using the product incorrectly or in an unintended way. It could also include instances where the victim did not heed clearly listed safety steps.
- Damaged product: If products are damaged to the point safe use is impossible, the manufacturer may not be liable. In these instances, it can be impossible to prove whether the damage or the manufacturer’s defect caused the injury.
- Modifications: If a user has modified the product and made it unsafe, product liability protections usually do not apply. The maker may argue that the user’s change, not the original product, caused the harm.
A product liability lawyer can help you decide if your case is strong enough to withstand these challenges.
Can You Sue a Manufacturer for Defective Products?
Liability laws hold manufacturers responsible for their products’ safety. However, these cases can be complex. With the help of an experienced lawyer, you can pursue a case.
Manufacturer’s defect cases have three components. You must show the defect existed, and that it caused your injuries. Then, you must show the product wasn’t misused or significantly damaged.
If you deserve compensation for an injury caused by a defective product, you can follow this framework and, with the help of a good attorney, pursue fair compensation for the harm caused.