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 Kansas, as in many other states, a product is considered to have a manufacturing defect if it deviates from the manufacturer's intended design or specifications, making it more dangerous than expected by the consumer. Kansas follows the doctrine of strict liability for manufacturing defects, which holds manufacturers liable for any damages caused by such defects, regardless of the level of care they exercised during the manufacturing process. This means that if a product with a manufacturing defect causes harm, the manufacturer can be held responsible even if they were not negligent in producing the product. Kansas product liability laws are codified in the Kansas Product Liability Act (K.S.A. 60-3301 to 60-3307), which outlines the responsibilities of manufacturers and the rights of consumers in cases of defective products.