Manufacturing Defects Lawyer

Proving a products liability claim is different than other types of personal injury claims because non-employees generally do not have ready access to the manufacturing plant. This makes pinpointing the exact place, time and location where the defect originated difficult.

Discovering the origins of the defect is unlikely even with access. First, the production of the product may have occurred many days, months or even years before the accident, so problems in the plant might have been corrected.

In addition, the mistake might be a one-off that affects one item only and could not be easily traced back to the specific moment on the production line when it occurred.

For these reasons, the law assumes the flaw occurred during the manufacturing process under certain circumstances, such as when:

• The design is inherently safe;
• The item differs from the design; and
• The defect did not likely occur after the item left the factory.

A common defense tactic is to blame the vendor, the transport company, the distributor or the consumer. In other words, the defect happened after the item left the defendant’s control and was the fault of the plaintiff or a third party. Our attorneys prepare our arguments to counter these anticipated defense tactics up front.