1 Elements and Case Citations
- The product was defective due to a manufacturing error, which is mistake or error in the manufacturing process;
- As a result of the mistake or error in the manufacturing error, the product did not perform as intended and was defective at the time it left the hands of the manufacturer;
- The product was being used as intended;
- The plaintiff was injured; and
- The manufacturing defect was a substantial factor in causing the plaintiff’s injury.
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- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.