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Why is it hard to prove a manufacturing defect?

Imagine you're a manufacturing company that owns the patent to a new invention. Maybe it's a special contraption that lets you boil eggs twice as fast, but it has a design defect. The invention is prone to explode.

The manufacturing company knows there's a good chance that one out of every 600 devices will explode scalding water on the consumer who buys it. Nevertheless, the company decides to manufacture and sell the device anyway.

Proving negligence in a manufacturing defect case

Consumers who get physically hurt by the defective egg boilers above may have the ability to pursue financial claims against the manufacturer. Nevertheless, a design defect case like this could be difficult to prove -- especially when the negligent manufacturer argues that the plaintiff's errors led to the explosion.

Maybe the manufacturer will say that the plaintiff put too many eggs in the device. Maybe the manufacturer will say that the plaintiff applied too much heat, put the wrong ingredients in the device or that there was a problem with the plaintiff's stove or electrical system that caused the explosion. In some cases, this kind of defense could work -- and the plaintiff could lose one's case.

Another potential challenge to a defective design case is the fact that the product itself might not exist anymore, as the accident may have destroyed the product. When the problematic item doesn't exist, it can be more difficult for the plaintiff to prove his or her case.

In defective product litigation, it's helpful when the plaintiff can show that the same problem happened to other consumers who purchased and used the defective device. Alternatively, the plaintiff may be able to show indisputable proof that the design was defective and dangerous -- and that the manufacturer knew or should have known about the defects.

Did a defective device injure you or your family?

When a defective device leads to your injury, it's important to review and analyze every detail of the accident and the device that caused it. With careful planning -- and an in-depth understanding of the law -- plaintiffs can protect their right to receive financial compensation relating to their injuries by filing a lawsuit in civil court.

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