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 Mississippi, the law recognizes that a product with a manufacturing defect is one that deviates from its intended design or specifications, making it more dangerous than consumers would expect. When such a defect exists, and it causes harm, the manufacturer can be held strictly liable for damages under Mississippi's product liability laws. Strict liability means that the manufacturer can be held responsible regardless of the level of care they exercised during the manufacturing process. Mississippi's product liability statutes and case law establish the framework for such claims, and plaintiffs do not need to prove negligence on the part of the manufacturer to recover damages. Instead, they must show that the product was defective, the defect existed when it left the manufacturer's control, and the defect caused the injury or damage.