Products Liability: An Overview of Negligent Manufacturing
Of the three kinds of products liability negligence, negligent manufacturing might seem like the most obvious. If it looks like something went wrong somewhere along the assembly line, you might think that it's that easy to establish this type of negligence.
In this article, Texas products liability attorney Michael Grossman explains negligent manufacturing how to win this kind of case.
Questions Answered on This Page:
- What exactly is negligent manufacturing?
- What is a manufacturing defect?
- How does a manufacturing defect case work in Texas?
What is a Manufacturing Defect?
A manufacturing defect is established when the plaintiff can demonstrate that a product doesn't conform to the design specifications and plans of its manufacturer, that it is more dangerous that its mass produced counterparts. Generally, this occurs when a mistake in the construction of the product occurs or during the assembly process.
How This Impacts a Claim
Manufacturers have a legal duty to take reasonable care in the design and manufacture of their product. When they fail to meet this level of reasonable care, they can be held liable for the resulting injuries. It is still the burden of the plaintiff to prove that the manufacturer:
- owed the plaintiff the duty of manufacturing a safe product
- that this duty was breached
- and that this breach of duty proximately caused the resulting damages
A manufacturing defect may seem like the easiest to prove in court, but it can be a complex issue in negligence cases because the plaintiff must prove that there was specific negligence on the part of the defendant that resulted in the alleged defect in the product.
For example, manufacturers often have redundant safeguards and specifications in place in their products to protect the consumer. But the failure of any of these specifications might not result in an injury, so, simply proving that some of the safeguard failed isn't enough to prove manufacturing negligence. This is where the testimony of an expert witness can be vital to your claim. They can give a better picture of how the safeguard failure impacted your accident.
How an Experienced Attorney can Help
At Grossman Law Offices, we have over 25 years of experience handling legal claims. We understand product liability, and we've handled numerous claims successfully. We've won thousands of personal injury claims, and we'd like to help you.
If you have questions about your case, the different types of product liability negligence, or how the litigation process works, we would be happy to help you. We have experienced attorneys standing by to assist you whenever is most convenient for you. Call us anytime at (855) 326-0000.
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