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 Oregon, 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 consumers would expect. When a product with a manufacturing defect causes harm, Oregon law typically holds the manufacturer strictly liable for any resulting damages. This strict liability means that the manufacturer can be held responsible regardless of the level of care they took during the manufacturing process. Oregon's approach to product liability is consistent with the principles of strict liability in tort, which do not require the injured party to prove negligence on the part of the manufacturer. Instead, the focus is on the defective nature of the product and the harm it caused. The specific regulations and case law governing product liability in Oregon can be found in state statutes and judicial opinions.