A manufacturing defect is a flaw in a product which was not planned or intended by the designer. In other words, it is a mistake that occurs during the construction or assembling of a product. Typically, only a small percentage of a particular group of products will have a manufacturing defect. For instance, a chair may be designed to have 10 screws in it, but if it was manufactured with only 9 screws, a manufacturing defect may exist. Georgia law allows consumers injured by this type of defect to recover damages in a variety of ways.

In a manufacturing defect case, an injured party may be able to sue for damages under a theory of strict liability, negligence, or breach of warranty. Strict liability looks at the product itself rather than the actions of the company that made the product. Consequently, the manufacturer will be liable for a defective product even if it was not negligent in the manufacturing of the product.

To establish a strict liability claim, a plaintiff must show several things. One essential element is that the product was defective at the time of sale. A plaintiff must also prove that the defect was a proximate cause of the injury. It should be noted that it is not necessary for the plaintiff to specify the nature of the defect in order to establish liability. Instead, the existence of a defect may be inferred from circumstantial evidence. This rule was established since the product at issue is often destroyed by its own defect. For instance, a tire that blows out may be shredded leaving behind no concrete evidence of a defect. In such cases, the plaintiff may still able to win at trial through circumstantial evidence.

A plaintiff may also bring a negligence action against the manufacturer. Negligence concerns itself with whether the manufacturer exercised reasonable care. To succeed at trial, a plaintiff must show that the manufacturer had a duty to the plaintiff which was breached, and that the consumer's injuries were proximately caused by that breach. A manufacturer has a duty to exercise reasonable care in manufacturing its products so as to make products that are reasonably safe for intended or foreseeable uses. In addition, the injured party must generally prove that there was a defect in the product when it left the hands of the manufacturer.

An expert witness is typically used to establish the necessary elements of a plaintiff's case. A plaintiff may also show the jury evidence of other incidents involving the product; however, these other incidents must be substantially similar to the current case. This can help show that the manufacturer knew of the defect and failed to take action. It can also help establish liability and punitive damages. However, if the plaintiff cannot show that evidence of a prior mishap is substantially similar, then the evidence is irrelevant and the jury may not hear it.

Damages which a plaintiff may recover include lost earnings, loss of future earnings, past and future medical expenses, and past and future pain and suffering. If the defect resulted in a death, a plaintiff may seek to recover for the wrongful death of his or her decedent. The measure of a wrongful death recovery is the full value of the life of the decedent which includes an economic and an intangible element. In some cases, punitive damages may be appropriate.

A plaintiff may also wish to bring a breach of warranty claim for personal injury or property damage caused by a defective product. Generally, warranties are statements made by a manufacturer or seller about a product during a transaction and are typically divided into two types: express and implied. Express warranties involve express statements made by the manufacturer or seller. Implied warranties generally include expectations which are common to the product. Injured consumers must initiate a breach of warranty claim within four years of the breach.

To succeed in a breach of warranty lawsuit, a plaintiff must show that there was a warranty, that the warranty was breached, and that the injuries were proximately caused by the breach of warranty. If the goods in question do not conform to the warranty, the manufacturer's greatest care will not relieve him of responsibility. However, in order to bring a breach of warranty claim, the plaintiff is generally required to show privity of contract. This means the defendant must have sold the product to the plaintiff. There are exceptions to this rule. For example, a warranty generally covers any natural person in the family or home of the buyer or a person who is a guest in the buyer's home if it is reasonable to expect that the guest may use, consume, or be affected by the goods. A buyer must inform the seller of any breach of warranty within a reasonable time after he discovers, or should have discovered, the breach.

Damages for breach of warranty are the difference between the value of the goods accepted and the value of the goods as promised, unless special circumstances show damages of a different amount. When this occurs, incidental or consequential damages may be recovered. Consequential damages include any injury to the consumer or property which proximately resulted from the breach.

A defendant has many potential defenses. For example, a plaintiff may be barred from recovering damages or have the amount reduced if the negligence or fault of the plaintiff is a proximate cause of the injury. Moreover, a defendant may argue that the plaintiff assumed the risk and knowingly put himself in peril. A defendant may also argue that a plaintiff altered, modified, or misused the product in question. In addition, the fact that a defect was disclosed or was discoverable through the use of caution may also bar recovery. Many other defenses may exist depending on the specific facts of the case.

The information provided above is a very general summary of the law regarding this particular legal issue at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult with a lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all Georgia state and federal courts.