A manufacturing defects may occur in the construction or production of a product. A product has a manufacturing defect if (1) it differs from the manufacturer’s design or specifications (the product departs from its intended design) making it more dangerous than consumers expect it to be; and (2) the products that were manufactured or produced differently are from the same manufacturer and were intended to be identical.
Although manufacturing defects are relatively uncommon, if a product has a manufacturing defect, the manufacturer will be strictly liable in tort for damages caused by the defective product. This means the manufacturer will be liable even if the manufacturer exercised great care in manufacturing the product and was not negligent.
Products liability laws vary from state to state and may be in a state’s statutes or in its court opinions (also known as case law or common law).
In Texas, the law recognizes that a product has a manufacturing defect if it deviates from its intended design or specifications, making it more dangerous than expected by consumers. If a product with a manufacturing defect causes harm, Texas law imposes strict liability on the manufacturer. This means that the manufacturer can be held liable for damages caused by the defective product regardless of whether they exercised care or not in the manufacturing process. Texas follows the Restatement (Second) of Torts, which is a legal guideline that many states use for tort law, including product liability. Under this guideline and Texas law, the focus is on the condition of the product and not the conduct of the manufacturer. Therefore, if a product is found to have a manufacturing defect, the manufacturer may be required to compensate the injured party for their losses without the need for the injured party to prove negligence.
