Manufacturing Defect

Manufacturing Defect

Manufacturing Defect

A manufacturing defect claim alleges the product deviated from the manufacturer's own specifications during production or assembly. The design itself is not challenged.

Because the standard is the manufacturer's specification, proof often requires comparing the failed unit to an exemplar or to design documentation.

Alternative Names:

Production Defect, Fabrication Defect

Why it Matters?

Manufacturing defect claims are narrower and generally more defensible than design claims, because they implicate one unit rather than the product line and do not open the same design history discovery. The evidentiary problem is that the defective unit is often destroyed in the incident, which is why plaintiffs sometimes rely on the malfunction theory permitting an inference of defect from a product failing during ordinary use.

Frequently Confused with

Related terms

Frequently asked questions

How is a manufacturing defect proven if the product was destroyed?

How is a manufacturing defect proven if the product was destroyed?

Sometimes through the malfunction theory, which permits an inference of defect where the product failed during ordinary use and other causes are excluded. Availability varies by state.

Does a manufacturing defect claim require expert testimony?

Does a manufacturing defect claim require expert testimony?

Usually yes, to establish the deviation from specification and to exclude alternative explanations, though obvious defects occasionally do not.