When someone has been injured by a defective product, there are a number of different theories regarding what made the product defective. Sometimes there is a problem in the manufacturing process, which may constitute a manufacturing defect. Other times there is an issue with the way a product has been marketed and the warnings or lack of warnings it contains. Another reason a product may be dangerous is that there is a defect in the design of a product.
What is a Design Defect?
A design defect is an issue with the design of a product that makes it inherently dangerous regardless of whether it is properly manufactured using the best quality materials. The flaw in the product’s design makes in unreasonably dangerous to consumers. An example of a product with a design defect is a toy that has removable pieces that can be choking hazards to children. Even if the toy was manufactured as intended, its design was still flawed, and the product was dangerous.
In order to prove that a product has a design defect, it must be shown that there is a foreseeable risk of injury when the product is manufactured as intended and used as intended. It must be shown that:
- There was a substantial likelihood of harm that made the product not reasonably safe;
- The manufacturer could have feasibly designed the product in a safer manner; and
- The design defect caused injury.
In order to prove that it was feasible for the product to have been designed in a safer manner, a court will weigh a number of different factors, including:
- The usefulness of the product to the public and to the individual user
- The likelihood that the product would cause an injury
- The availability of a safer alternative design
- The ability to make the product safer while still making the product useful and reasonably priced
- Whether the user of the product was aware that it was dangerous
- The ability of the manufacturer to spread out the cost of the safer design
Design defects are costly to fix for manufacturers as they will likely have to go back and redesign the product entirely. However, manufacturers have a duty to consumers to ensure that the products they place on the market are safe.
Contact an Experienced Product Liability Attorney
If you’ve been injured by a defective product, you may want to have an experienced product liability attorney evaluate your case. At Bonina & Bonina, P.C., we’ve been helping the victims of defective products for over 50 years. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.