Product Liability Lawsuits: Manufacturing vs. Design Defects

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Product liability lawsuits are legal actions brought against manufacturers, distributors, or sellers of a product for injuries or damages caused by that product. 

These cases fall under the broader category of personal injury law and are particularly complex due to the technical nature of product design and manufacturing processes.

In Alabama, as in many other states, product liability claims typically fall into three main categories:

• Manufacturing defects;
• Design defects; and
• Failure to warn or inadequate instructions.

Understanding the differences between these types of defects is crucial for consumers and legal professionals alike, as it can significantly impact the approach to a product liability case.

Understanding Manufacturing Defects

Manufacturing defects occur when a product deviates from its intended design due to errors in the production process. 

These defects typically affect a limited number of products within a larger batch or production run.

Key characteristics of manufacturing defects:

• Unintentional: They are usually the result of errors or oversights in the manufacturing process.

• Inconsistent: Only some products in a batch may have the defect, while others are correctly made.

• Deviation from design: The product does not conform to its original specifications.

Examples of manufacturing defects:

• A batch of pain medication contaminated with a harmful substance during production;
• A car with a faulty brake line due to improper assembly; and
• A children’s toy with small parts that weren’t securely attached during manufacturing.

In cases involving manufacturing defects, the plaintiff generally needs to prove that the product was defective when it left the manufacturer’s control and that this defect caused the injury or damage.

Understanding Design Defects

Design defects, on the other hand, are inherent flaws in a product’s design that make it unreasonably dangerous for its intended use. 

Unlike manufacturing defects, design defects typically affect all products of a particular model or line.

Key characteristics of design defects:

• Intentional (though not malicious): The product is manufactured exactly as intended, but the design itself is flawed.

• Consistent: All products of the same design will have the same defect.

• Inherent risk: The product poses a danger even when used as intended.

Examples of design defects:

• An SUV with a high center of gravity that makes it prone to rollovers;
• An electric blanket without an automatic shut-off feature posing a fire hazard; and
• A power tool without adequate safety guards to prevent user injury.

In design defect cases, the plaintiff typically needs to prove that the product’s design was unreasonably dangerous and that a safer, economically feasible alternative design was available at the time of manufacture.

Key Differences Between Manufacturing and Design Defects

Understanding the distinctions between manufacturing and design defects is crucial for both consumers and legal professionals. 

Here are the key differences.

Origin of the defect:

• Manufacturing defects occur during the production process.
• Design defects are present in the product’s blueprint or concept.

Scope of affected products:

• Manufacturing defects typically affect a limited number of products.
• Design defects usually affect all products of a particular model or line.

Consistency across products:

• Manufacturing defects create inconsistencies between individual products.
• Design defects are consistent across all products of the same design.

Intentionality:

• Manufacturing defects are unintentional deviations from the intended design.
• Design defects are intentional (though not malicious) features of the product.

Legal approach:

• Manufacturing defect cases often focus on proving the product deviated from its intended design.
• Design defect cases typically involve demonstrating that the design itself was unreasonably dangerous.

Burden of proof:

• In manufacturing defect cases, plaintiffs often need to show the product was defective when it left the manufacturer’s control.
• In design defect cases, plaintiffs typically need to prove the design was unreasonably dangerous and that a safer, feasible alternative existed.

Potential defendants:

• Manufacturing defect cases may focus primarily on the manufacturer.
• Design defect cases might involve a broader range of defendants, including designers, engineers, and the entire supply chain.

Understanding these differences is essential for determining the appropriate legal strategy in a product liability case. 

It can affect everything from the types of evidence needed to the experts consulted and the arguments presented in court.

Legal Standards for Product Liability Cases in Alabama

In Alabama, product liability cases are governed by the Alabama Extended Manufacturer’s Liability Doctrine (AEMLD). This doctrine sets forth the legal standards that plaintiffs must meet to succeed in a product liability claim.

Key aspects of the AEMLD:

• Strict Liability: Under the AEMLD, manufacturers can be held liable for defective products regardless of whether they were negligent.

Burden of Proof: The plaintiff must prove:

• The product was defective;
• The defect existed when the product left the defendant’s control;
• The defect was the proximate cause of the plaintiff’s injury; and
• The product was expected to and did reach the consumer without substantial change.

Defenses: Manufacturers may use several defenses, including:

• Contributory negligence;
• Assumption of risk;
• Lack of causal relation; and
• Product misuse.

Statute of Limitations: In Alabama, product liability claims must typically be filed within two years of the date of injury or damage.

It’s important to note that while the AEMLD applies to both manufacturing and design defects, the approach to proving these cases can differ significantly.

Steps in Filing a Product Liability Lawsuit

If you believe you’ve been injured due to a defective product, here are the general steps involved in filing a product liability lawsuit:

• Seek Medical Attention: Your health and safety come first. Also, medical records will be crucial evidence in your case.

• Preserve Evidence: Keep the defective product, its packaging, and any instructions or warranties.

• Document Everything: Take photos of your injuries and the product. Keep a journal of your recovery process.

• Research: Look for any recalls or similar complaints about the product.

• Consult an Attorney: Product liability cases are complex. An experienced attorney can evaluate your case and guide you through the legal process.

• File a Complaint: Your attorney will draft and file a legal complaint detailing your allegations against the defendant(s).

• Discovery Process: Both sides will exchange information and evidence related to the case.

• Negotiations: Many cases settle out of court. Your attorney will negotiate on your behalf.

• Trial: If a settlement isn’t reached, your case may go to trial.

• Appeal: Either party may appeal the court’s decision if there are grounds to do so.

Navigating these steps can be complex, but with proper guidance and diligence, you can effectively pursue your product liability claim and seek the compensation you deserve.

Proving Liability in Manufacturing and Design Defect Cases

Proving liability in product defect cases can be challenging and often requires expert testimony. 

Here’s how it typically works for each type of defect:

Manufacturing Defects:

• Establish the product’s intended design;
• Demonstrate how the product deviated from this design;
• Prove this deviation made the product unreasonably dangerous; and
• Show that this defect caused the plaintiff’s injury.

Design Defects:

• Demonstrate that the product’s design is unreasonably dangerous;
• Prove that a safer, economically feasible alternative design existed at the time of manufacture;
• Show that the design defect caused the plaintiff’s injury; and
• In some cases, prove that the risks of the design outweigh its benefits.

In both types of cases, expert witnesses often play a crucial role in explaining complex technical details to the court.

Frequently Asked Questions

To help you better understand product liability lawsuits involving manufacturing and design defects, we’ve compiled answers to some of the most common questions we receive.

What’s the Difference Between a Warranty Claim and a Product Liability Claim?

A warranty claim is based on a breach of an express or implied promise about a product’s performance or quality. 

A product liability claim, on the other hand, is based on a defect that makes the product unreasonably dangerous, regardless of any warranties.

Can I File a Product Liability Claim if I Was Using the Product Incorrectly?

Improper use of a product can complicate a liability claim. However, if the misuse was foreseeable by the manufacturer, you may still have a valid claim. It’s best to consult with an attorney to evaluate your specific situation.

What if the Product That Injured Me Was Second-Hand?

You may still have a valid claim even if the product was second-hand. Product liability can extend beyond the original purchaser to any foreseeable user of the product.

How Long Do Product Liability Cases Typically Take?

The duration can vary significantly depending on the complexity of the case, ranging from several months to several years. Many factors can influence the timeline, including the nature of the defect, the extent of injuries, and whether the case goes to trial or settles out of court.

What if the Manufacturer of the Defective Product Is No Longer in Business?

Even if the original manufacturer is out of business, you may still have options. Liability could potentially extend to distributors, retailers, or parent companies. An experienced attorney can help identify all potentially liable parties.

Fight Smarter, Fight Harder

If you or a loved one has been injured by a potentially defective product in Alabama, don’t face this complex legal situation alone. At Baxley Maniscalco, we have extensive experience handling product liability cases involving both manufacturing and design defects.

Don’t let the statute of limitations expire on your claim. Contact Baxley Maniscalco today for a free, no-obligation consultation. We’ll review your case, explain your options, and help you decide on the best path forward.

Remember, your initial consultation is free, and we work on a contingency basis: You don’t pay unless we win your case.