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 Louisiana, the concept of manufacturing defects is addressed under the state's products liability laws. According to Louisiana law, a product has a manufacturing defect if it deviates from its intended design or specifications, making it more dangerous than consumers would typically expect. When a product with a manufacturing defect causes harm, the manufacturer can be held strictly liable for damages. Strict liability means that the manufacturer can be held responsible for the harm caused by the defective product regardless of whether they were negligent or exercised care in the manufacturing process. Louisiana's products liability statutes are primarily codified in the Louisiana Products Liability Act (LPLA). The LPLA sets forth the criteria for establishing a manufacturer's liability, including proving that the product was unreasonably dangerous due to a manufacturing defect and that this defect caused the plaintiff's damages. It is important for consumers and manufacturers to understand that in Louisiana, the burden of proof lies with the injured party to demonstrate that the product was defective and that the defect was the cause of the injury.