Personal Injury · Products Liability
Manufacturing Defects: When the Product Was Built Wrong
Picture a company that designs a safe product. The plan is good. But on one assembly line, on one day, a part is missing, a weld is weak, or the wrong material goes in. The product that reaches the store is not the product that was designed.
That is a manufacturing defect.
What the jury is told
Florida's civil jury instructions explain it in two short paragraphs. Instruction 403.7(a) says:
"A product is defective because of a manufacturing defect if it is in a condition unreasonably dangerous to [the user] [a person in the vicinity of the product] and the product is expected to and does reach the user or consumer without substantial change affecting that condition."
"A product is unreasonably dangerous because of a manufacturing defect if it is different from its intended design and fails to perform as safely as the intended design would have performed." Fla. Std. Jury Instr. (Civ.) 403.7(a).
In plain English, the jury is asked:
- Was this product different from the way the company meant to make it?
- Did that difference make it less safe than the intended design?
- Did it reach the person without being changed along the way?
- Did that cause the injury?
The comparison that matters
A manufacturing defect case starts with a simple comparison. On one side is the company's own design. On the other is the product that hurt someone.
The company's drawings, specifications, test results, and quality-control records show what the product was supposed to be. The injured product shows what it actually was. Experts often examine both.
This is why the physical product matters so much. See preserving the product and evidence.
It does not always depend on carelessness
A company can do almost everything right and still ship a defective unit. The jury instructions recognize the point in their notes. They say it may be necessary to add language that "a product is defective if unreasonably dangerous even though the seller has exercised all possible care in the preparation and sale of the product." Fla. Std. Jury Instr. (Civ.) 403.7, Note on Use 3.
So the question is about the product, not only about the company's effort. A negligence claim can also be brought. See negligence and warranty claims.
When the exact defect is hard to pinpoint
Sometimes it is hard to point to the exact part that failed. The committee notes recognize an important idea:
"If a product fails under circumstances precluding any other reasonable inference other than a defect in the product, a plaintiff is not required to pinpoint any specific defect in the product." Fla. Std. Jury Instr. (Civ.) 403.9, Note on Use 1.
Whether that helps in a given case depends on the facts.
What you need to show
- The product was different from its intended design.
- It was unreasonably dangerous because of that difference.
- It reached you without a substantial change.
- The defect was a legal cause of your injury.
Examples of how it happens
These are general examples only:
- A bolt that was not tightened or heat-treated to specification.
- A battery cell with contamination from the factory.
- A container sealed improperly at the plant.
- A part made from the wrong grade of metal.
- A contaminated batch of food or medicine.
What the defense usually says
- The product was changed after it left the factory.
- It was damaged by the user or by someone who repaired it.
- It was used in a way it was not made for.
- Something else caused the injury.
See defenses.
What to do now
- Get medical care.
- Keep the product and all pieces of it. Do not repair it, clean it, or throw it away.
- Keep the packaging, labels, receipt, and any lot or batch numbers.
- Take photos of the product and your injuries.
- Do not send it back to the company.
- Call a lawyer before you give a recorded statement.
Talk to us
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This page is general information, not legal advice. Every case is different.