What is a design defect?

Design defects occur when a product is built with an inherent flaw or flaw in the design that can cause injury to the consumer. In California, design defects are addressed through a body of law known as dangerous products law. Design defects occur when a product is not created with a reasonable degree of safety, a defect that would not have occurred if the manufacturer had exercised ordinary care in the design of the product. To prove a design defect, a plaintiff must show that the product was defective when it left the manufacturer, that the defect caused the injury, and that the product did not meet the ordinary consumer’s expectations. A defective design could be anything from a faulty airbag system to a malfunctioning safety harness. It is the responsibility of the manufacturers to ensure their products are safe, and they can be held liable for any injuries that occur due to a design defect. Design defects are distinct from manufacturing defects, which occur when a product is made with an error in the production process, rather than due to the initial design. Design defects can have a wide range of consequences, from property damage and economic losses to personal injury and death. In California, consumers can use a dangerous products law to seek compensation for the damages caused by design defects.

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