What is a “manufacturing defect” in defective products law?
A “manufacturing defect” in defective products law is an issue that happens during the product’s creation that affects its safety or function. An example is a toy that was put together with a loose part that falls off when it’s used. Something that could happen during normal use of the product, such as a piece wearing out after a lot of use, would not be considered a manufacturing defect. In Washington, a manufacturing defect is considered a “breach of warranties.” This means that the manufacturer is legally responsible for selling a product that is safe and performs as advertised. Consumers can bring a lawsuit against the manufacturer and seek damages if a product has a manufacturing defect. Manufacturing defects can also be combined with design flaws or marketing problems. An example is if a product’s design was unsafe or the instructions were unclear, making it dangerous to use. In this case, the manufacturer may be responsible for both the design and the manufacturing of the product, as well as any advertising that may have misled consumers. The best way to avoid being held liable for a manufacturing defect is to make sure a product is safe, performs as expected, and does not have any known issues before it is marketed and sold.
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