Ordaz Law, APC, is the law office of manufacturing defect, personal injury lawyer Juan J. Ordaz Jr. Known throughout the legal community for his dedication and perseverance, Juan J. Ordaz Jr. prides himself on the devotion he dedicates towards the representation of his clients’ injury cases. He is a personal injury lawyer focused on excellence and client satisfaction.
Continue to read and learn about manufacturing defect (product liability) injury claims and lawsuits.
About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.
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Manufacturing Defect | Definition
A product contains a manufacturing defect when it fails to match the quality of most like products; it is readily identifiable because it differs from the manufacturer’s intended result.
Manufacturing Defect | Strict Liability
A manufacturer (distributor, retailer, etc.) may be held strictly liable if a defect in a product that they place into the “stream of commerce” causes injury or death.
Manufacturing Defect | Focus and Elements
A manufacturing defect focuses on whether the particular product involved in the injury-producing incident was manufactured in conformity with the manufacturer’s design. For product liability to attach the alleged defective product must have been used as intended (or in a reasonably foreseeable manner).
Elements: To prove a claim of manufacturing defect causing personal injuries, the injured victim must establish all of the following:
- The defendant manufactured (distributed, sold, etc.) the consumer product;
- The product contained a defect when it left the defendant’s possession;
- The defective product harmed (or killed) the plaintiff; and
- The product’s defect was a substantial factor in causing the plaintiff’s harm (or death).
Manufacturing Defect | Burden of Proof
The plaintiff has the initial burden of producing evidence that they were injured while the product was being used as intended (or in a reasonably foreseeable way). In many cases it may be unclear whether the product suffers from a manufacturing or a design defect. Under each theory of liability, circumstantial evidence may prove that a product was defective when sold.
Example Scenario 1: Bill buys a brand new car in San Diego. He drives it for less than 2800 miles before the drive shaft falls and he is horrendously injured in a crash. Bill and his family may pursue a manufacturing and or design defect case here against the auto manufacturer and retailer.
Ordaz Law, APC | Manufacturing Defect
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a manufacturing defect, personal injury lawyer in San Diego County. We help victims suffering from a variety of injuries who have sustained their injuries through the use of different consumer products that have been placed into the “stream of commerce” by manufacturers, distributors, and retailers.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego manufacturing defect, personal injury lawyer.
We are for Justice no Matter Who it’s for or Against.
Blog: Personal Injury
Sources and Useful Links:
CACI 1201. Strict Liability – Manufacturing Defect