What role does a “defect in the manufacturing process” play in product liability claims?
In Virginia, a product liability claim may be brought if one can prove that a product was defective at the time it left the manufacturer and caused injury. A defect in the manufacturing process plays a critical role in such a claim, as it is usually the basis for determining whether or not a product is defective. A defect in the manufacturing process is any fault with the manufacturing or assembly of the product itself that renders it potentially dangerous, either through inadequate instructions, warnings, or design. For example, if a hand drill is manufactured with a defective power switch, the user may be injured due to the lack of proper safety precautions. In such a case, the manufacturer may be liable for any resulting injuries or property damages as a result of the defect in the manufacturing process. Similarly, if a toy is manufactured with an incorrect size or shape of a part, the toy may be dangerous to children due to the improper design. In order to prove that a defect in the manufacturing process caused the injury or damages, one must be able to demonstrate that the product was defective according to recognized safety standards. This means that the plaintiff must provide evidence that the defect in the manufacturing process caused or contributed to the injury or damages. In Virginia, the burden of proof is on the plaintiff to demonstrate that the defect in the manufacturing process caused the injury or damages. If the plaintiff is successful, the manufacturer may be held liable for the resulting damages.
Related FAQs
What is the “risk-utility test”?How does a manufacturer demonstrate that a product is safe?
What is a “strict products liability” claim?
Does a plaintiff need to prove negligence in a product liability claim?
How is a company’s financial responsibility determined in a product liability case?
What is a “manufacturing defect”?
What is the economic loss doctrine?
What is a “foreign object defense”?
Is a company liable for product defects that were caused by a third party?
How does a product liability claim arise due to a design defect?
Related Blog Posts
Understanding the Basics of Products Liability Law - July 31, 2023What is a Breach of Warranty? - August 7, 2023
What is Strict Liability in Products Liability Law? - August 14, 2023
How Can You Establish a Products Liability Claim? - August 21, 2023
Common Defenses in Products Liability Cases - August 28, 2023