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 Tennessee, 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 resulting damages. Strict liability in tort for manufacturing defects does not require the injured party to prove negligence on the part of the manufacturer. Instead, the focus is on the defectiveness of the product itself and whether it caused harm. Tennessee's product liability laws are codified in the Tennessee Products Liability Act of 1978, which outlines the conditions under which manufacturers and sellers can be held liable for defective products. Under this Act, a claimant must prove that the product was in a defective condition or unreasonably dangerous at the time it left the control of the manufacturer or seller, and that the defect caused the injury.