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Manufacturer Defective – What It Means for Your Claim

When a product fails due to a manufacturer defect, the consequences can go far beyond frustration—they can be dangerous, costly, and even life-threatening. Knowing exactly what a manufacturer defect is, why it happens, and what your legal rights are is key to protecting your health, finances, and future.


What Is a Manufacturer Defect?

A manufacturer defect happens when a product is improperly made, causing it to be unsafe or fail during normal use.
Unlike design defects (which affect the entire product line), a manufacturing defect usually affects only a specific unit or batch due to mistakes in production.

Common examples of manufacturer defects:

  • A car with faulty brakes caused by poor assembly.

  • A blender with loose wiring that leads to electric shocks.

  • A child’s toy with small, sharp parts that should have been secured.


Why Do Manufacturer Defects Happen?

Manufacturer defects can occur because of:

  • Poor quality control during production.

  • Substandard or counterfeit materials.

  • Human error in assembly.

  • Inadequate safety testing before shipping.


The Legal Side – Product Liability

Under product liability laws, manufacturers, distributors, and sellers can be held responsible for injuries caused by defective products—even if they did not intend harm.
Most claims fall under strict liability, meaning you do not have to prove negligence—only that:

  1. The product was defective.

  2. The defect caused your injury.

  3. You were using the product as intended.


What to Do If You Encounter a Manufacturer Defect

  1. Stop using the product immediately – prevent further harm.

  2. Document the defect – take photos/videos of the issue.

  3. Keep receipts and packaging – these help prove your purchase.

  4. Seek medical care – even for seemingly minor injuries.

  5. Consult a product liability attorney – if injuries are serious.

  6. Check your insurance – homeowners or renters insurance may cover certain claims.


The Role of Insurance in Manufacturer Defect Claims

For business owners, product liability insurance is essential—it covers legal defense, settlements, and medical bills.
For consumers, some insurance policies (like homeowners or renters insurance) may provide financial protection for injuries caused by defective products.

💡 Example: A Montana homeowner bought a space heater with faulty wiring. It caused a small fire. The homeowner’s insurance covered property damage, while the manufacturer’s liability insurance paid for repairs and compensation.


Why Acting Fast Matters

Product liability claims have strict deadlines (statute of limitations). If you wait too long, you may lose your right to compensation. Early action gives you a better chance to:

  • Preserve evidence

  • Gather witness statements

  • Secure maximum settlement


Frequently Asked Questions (FAQ)

1. What is the difference between a manufacturer defect and a design defect?
A manufacturer defect affects specific units due to production errors, while a design defect impacts all products in a line due to a flawed design.

2. Can I claim damages without hiring a lawyer?
Yes, but a lawyer can significantly improve your chances of winning and increasing your compensation.

3. Does homeowners insurance cover manufacturer defects?
Not the defect itself, but it may cover resulting damages, such as fire or injury caused by the defective product.

4. How long do I have to file a claim?
It depends on your state—generally between 1–3 years from the date of injury.


Protect Yourself Now

Don’t wait until a manufacturer defect causes injury or damage.
Whether you’re a consumer needing coverage or a business owner protecting your brand, the right insurance can save you from financial disaster.

At Toby Hansen Agency, we search nearly 100 carriers to find you the lowest price with the most coverage—fast.
📩 Get your free insurance quote today using the form below.

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