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What Constitutes a Manufacturing Defect?
When consumers purchase a product of any kind, they do so based on the assumption that the product is safe to use. Unfortunately thousands of people are injured every year from products that malfunction or have manufacturing defects. If you have suffered an injury or other damages due to a product you used, you may have grounds for a defective products or product liability claim due to a manufacturing defect. There can be a number of reasons why a product is defective or results in physical harm. One such reason is due to a manufacturing defect.
Manufacturing defects occur during the manufacturing of a product and can result even when product design, materials selection and quality assurance guidelines are all handled well. In fact, a manufacturing defect is defined as occurring when “the product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product.”
Manufacturing Defect Lawyers Claims
Although manufacturing defects don’t occur often, they are covered by a legal principle known as strict liability. This means that the manufacturer has to pay for any injuries occurring due to the use of their product if it contains a manufacturing defect. Unfortunately, this can be difficult to prove, especially in cases in which the product was damaged or destroyed during the accident.
A legal doctrine known as the “malfunction doctrine” can be helpful in these types of cases, however. This doctrine states that “if the circumstances of an accident indicate that a defect caused the accident, and the plaintiff can produce evidence that removes other possible causes, then the plaintiff can prove causation even if the product is damaged or destroyed.”
The injury lawyers at the Eltringham Law Group have extensive legal experience and can help victims of manufacturing defects in Florida get the compensation they deserve. If you or a loved one has suffered an injury due to a defect occurring during the manufacturing of a product, we can help. We’ll work hand in hand with you to build a solid case in order to get you the settlement you deserve.
Types of Manufacturing Defects
Unfortunately, the list for products causing injury due to a manufacturing defect is truly endless. In our experience, the attorneys at Eltringham Law Group have seen the following situations far too many times:
- Constructing parts of a project incorrectly
- Misuse of incorrect paints or other chemicals
- Incorrect use and construction involving the wrong screws, bolts or other fasteners
- Attaching parts together incorrectly
- Improper installation of components
- Installation of outdated components
- Improperly trimming excess plastic or material from a mold
What to Do if You Have Been Injured by a Defective or Malfunctioning Product
- Seek appropriate medical attention to care for your injuries. It is important that you address all injuries involved in the incident.
- Keep the product in whatever state it is in and/or take pictures. This is the most important piece of evidence.
- Document all injuries, damages to surrounding areas and take notes from any witnesses that may be present.
Call the Eltringham Law Group and speak with our personal injury and defective product attorneys at no cost to evaluate how we may be able to help recover any financial and emotional losses that you may incur due to the incident.
What To Expect Following Your Injury From A Defective Product
When you choose the Eltringham Law Group to represent you following an accident involving a product with a manufacturing defect that resulted in personal injury, property damage or death, here is what you can expect to happen:
- We offer free consultations so you can get all your questions answered and can spend time talking directly with an experienced attorney about your rights and expected outcomes.
- Leave all the work to us. We will be in contact with doctors, hospitals, witnesses, insurance providers, attorneys and anyone else necessary to settle your claim. We will thoroughly investigate your manufacturing defect claim and will build a solid case so that you are more likely to be awarded the compensation you deserve.
- You focus on you. Whether you are still recovering from injuries or are simply dealing with the stress and anxiety that is common following a defective product incident, now is the time to focus on your own needs while you leave the details of your case in the hands of experienced attorneys that will get the job done right.
- We work on a contingent fee basis. This means that you don’t need to lay out any money up front in order to have our injury attorneys work on your case. We don’t get paid unless we recover a financial settlement or jury award for you.