A plaintiff in a strict product liability case must show that the defendant either manufactured or distributed the product and that the defect in the product existed at the time it left the manufacturer or distributor. It may be difficult to prove a specific defect in a product. Sometimes plaintiffs have an expert witness testify at trial that he or she examined the product and found it defective. However, showing proof of a specific defect is not always necessary. The plaintiff may prove the product was defective by showing that his or her injury was the kind usually caused by a product defect and was not caused by something other than a product defect.
Manufacturing defects occur during the manufacture of a product.
As a result, the product comes off the assembly line in faulty condition. A flawed transistor is installed into a stereo system, causing the unit to smoke and eventually burn up. The manufacturing defect poses a fire hazard. If it causes a fire in your home, the maker is responsible. Design defects are inherent flaws in a product.