Personal Injury Attorney News

The holiday season is officially upon us. Along with the decorations, holiday parties and time spent with family and friends, comes the gift giving and receiving portion of the season. Gift exchanges most often bring gracious smiles and joy. There are, however, times when a product given as a gift—whether it be a bicycle, blender, pool toy or anything in between—does not function the way it should and causes injury. The body of law dealing with these instances, instances where a product results in needless injury to a person, is referred to as "products liability" law. When a product causes injury, it is usually do to what the law refers to as either a "manufacturing defect" or a "design defect."

A manufacturing defect is present when the product departs from its intended design even though the manufacturer utilized all possible care in the preparation of the product. What this means is that a manufacturing defect can exist even though the manufacturer had top quality control mechanisms in place. If the product reaches the consumer in a form that departed from the product's intended design, it is clear that the product suffers from a manufacturing defect. Manufacturing defects can arise if the component parts required for assembly of the product were not the exact ones that were specifically required for making the product, or if the product was assembled incorrectly.