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 Ohio, if a product has a manufacturing defect, meaning it deviates from the manufacturer's intended design or specifications and is more dangerous than consumers would expect, the manufacturer can be held strictly liable for any damages caused by the defect. Strict liability in tort does not require the injured party to prove negligence; the manufacturer is liable regardless of the level of care taken during the manufacturing process. Ohio's product liability laws are codified in the Ohio Revised Code (ORC), particularly in Chapter 2307, which addresses product liability including manufacturing defects. These statutes outline the responsibilities of manufacturers and the rights of consumers in cases of defective products. It is important for manufacturers to adhere to their design specifications and for consumers to be aware of their rights under Ohio law when they encounter a product that may have a manufacturing defect.