Manufacturing Vs. Design Defects – Gainesville Medical Malpractice Lawyer Explains The Difference
There are two basic ways that a person can be injured by a product. The injury can occur do to a defect in the manufacturing of the product or a defect in the product’s design. Recognizing the difference between these two types of defects is essential in understanding how a claim for a defective product works. Basically, a manufacturing defect is a flaw or error that occurs during the making or production of the faulty item and generally affects only a portion of the entire product line. A design defect is a flaw or error that occurs during the creation or design of the faulty item that generally affects the entire product line.
Manufacturing Defects: Manufacturing defects are caused by some error that occurred during the assembly of the product and were not intended to be a part of the product. Therefore, it is said that manufacturing defects are unplanned. A plaintiff involved in a manufacturing defect case must prove that the defect found in the product was present at the time it left the factory where it was made or produced and not something that could have been caused by wear and tear after the fact.
Design Defects: Design defects are caused by some error that occurred when the item was still being made or designed on the blueprint. Therefore, it is said that design defects are planned. Two legal tests are used to establish whether a product has a design defect. First, it must be shown that the design was unreasonably dangerous prior to the product actually being made. Second, it must be established that the manufacturer of the product could have reasonably anticipated harm to be caused by the design. In a majority of defective design cases, the plaintiff will explain that the manufacturer could have used a better type of design with higher safety standards but chose not to.
If you have been injured by a product that you believe is faulty in some way, consider contacting and consulting with a qualified attorney. An attorney can refer you to doctors who specialize in treating the specific type of injury you have. An attorney can also explain to you whether you have a design or manufacturing based lawsuit and how to proceed in compensating you for your losses and injuries.
Jeffrey Meldon & Associates has experienced medical malpractice lawyers and is proud to help those in our community who have been injured by a defective product receive proper compensation from the product designer, manufacturer, distributor, and retailer.
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If you feel you have been injured by a doctor or someone working in a health care facility, you may be wondering if you have a case or not and if you need a lawyer.
If you have a legitimate case, with serious injuries, you will need an experienced medical malpractice attorney to navigate the powerful medical insurance world in order to be fairly compensated.
For over 40 years the experienced lawyers at Meldon Law have been helping victims of medical malpractice get compensated for the harm done to them.
If you or a loved one has experienced an injury due to medical malpractice, contact the Gainesville office of Meldon Law today. Consultations are free!
Since 1971, we have represented medical malpractice victims from: Gainesville, Ocala, Lake City, Inverness, Palatka, Inverness, Crystal River, Daytona Beach, Interlachen, Spring Hill, Dunnellon, Bunnell, Live Oak, Starke, Jasper, Cross City, Perry, Trenton, Leesburg, Lake Butler, Tavares, Chiefland, Bronson, Brooksville, The Villages and the counties of Alachua County, Marion County, Columbia County, Citrus County, Volusia County, Sumter County, Levy County, Lake County, Bradford County, Flagler County, Hamilton County, Dixie County, Gilchrist County, Union County, Hernando County, Suwannee County, Union County and Putnam County.
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