Main Menu

Delaware Manufacturing Defect Lawyers

Articles & Publications

September 19, 2017

Our Firm Helps Consumers Harmed By Defectively Manufactured Products

Companies are responsible for making sure that their products are safe for consumers. However, even if a company spends a great deal of time, effort, and money working to design and develop safe products, if a defect occurs in the manufacturing process—all that hard and careful work can effectively be rendered moot.

Manufacturing errors and defects can take what would have been a safe product and make it a hazard. However, thanks to product liability laws, when a defectively manufactured product injures or kills a consumer, the company who made and sold the dangerous product can often be held accountable for their negligence.

If a defectively manufactured product injured you, you may be eligible for compensation. Here's what you should know.

Types of Product Defect Cases

A defectively manufactured product is one that has dangerous flaws or defects as a result of shoddy manufacturing or errors in the manufacturing process. Whether the product was assembled incorrectly in the factory or made using low-quality materials, products with manufacturing defects are those that would have been safe had they been manufactured according to design.

Defectively manufactured products are not the only kind of defective products that can pose a danger to consumers. Products can also be considered defective if their design has a flaw that makes them inherently dangerous or useless. With this type of defect, the product would be hazardous regardless of how it was manufactured.

Examples of Manufacturing Defects

Most manufacturing defect cases boil down to one of the following two causes: the use of poor-quality or incorrect materials, or carelessness in the construction of the product. Examples include:

  • Products that contain the wrong mechanical components
  • Products that are held together with the wrong screws or bolts
  • Products with components that are attached incorrectly
  • Products that are intended to be color-coded for safety, but have components painted the wrong colors
  • Products that contain outdated or recalled components
  • Products with improperly installed electrical circuitry
  • Molded products with jagged edges that should have been trimmed
  • Tainted or poisonous over-the-counter or prescription medicine
  • Products that are missing safety components that were included in their design
  • Products with broken components that make the rest of the product unsafe

Elements of a Product Liability Claim

Product liability cases are governed under the laws of strict liability. Actionable defective product cases contain the following elements:

  • The plaintiff sustained a physical injury or property damage as a result of the defectively manufactured product.
  • The product has a manufacturing defect that makes it unreasonably safe for consumers.
  • The defect in the product's manufacturing was the direct cause of the plaintiff's injuries or economic losses.
  • The plaintiff was using the product as the manufacturer intended when they sustained the injury or loss.

Damages Sought in Product Liability Cases

Plaintiffs in product liability cases can seek damages for economic and non-economic damages, as well as punitive damages if the defendant's conduct was especially heinous. Potential economic damages include compensation for past and future medical bills related to the injury, property damage, lost wages if your injuries keep you out of work and loss of earning capacity if the injury was permanently disabling. Examples of non-economic damages include physical pain and suffering, mental and emotional anguish, scarring, disfigurement and loss of enjoyment of life.

Do You Have a Product Liability Case?

If a defectively manufactured product injured you or someone you love, the manufacturer should be held accountable for their negligence. Exercising your legal rights and filing a product liability personal injury lawsuit allows you to pursue the justice and the compensation you deserve—and the experienced product liability attorneys with the Morris James Personal Injury Group can help.

Contact the Morris James Personal Injury Group today to schedule an appointment for a free initial case consultation. We are happy to walk you through your legal options, and answer any questions or address any concerns you may have.

Related Links:

Back to Page