Posted in News on October 26, 2016
When a Montana consumer purchases a product, he or she expects the product to be reasonably safe when used as intended. Unfortunately, this is not always the case. Defective products injure many people every year.
A dangerous product can enter the stream of commerce when a manufacturer is negligent and fails to meet their duty of care. However, such a defect can also occur even if no negligence is present. Under products liability law, manufacturers can be held liable for injuries caused by an unreasonably dangerous product. A product can be unreasonably dangerous due to a design defect, insufficient warnings or a manufacturing defect.
What is a manufacturing defect? A manufacturing defect occurs when the product is not manufactured as designed. This can occur even if the manufacturer exercised reasonable care in making the product. If a manufacturing defect injures a consumer, the manufacturer can be held responsible in a court of law.
Thus, it does not matter how careful a manufacturer was during the designing and manufacturing of a product. If a poorly manufactured product left the factory, and caused injury to a consumer, the manufacturer can be sued and held liable for any injuries, damages and losses caused by the defective product.
Injured consumers have legal rights after suffering an injury from a dangerous or defective product. A products liability claim could help the injured party collect compensation for damages related to the injury. These damages can include past wage loss, future loss of earning capacity, medical expenses and pain, suffering and disfigurement.
Source: FIndlaw.com, “Defects in Manufacturing,” accessed Oct. 23, 2016