What is a design defect?

A design defect is a flaw in the design of a product that makes the product unreasonably dangerous to use. In New York, the Dangerous Products Law states that if a product has a design defect, the manufacturer can be held liable for any harm caused by the product. Design defects can range from a lack of safety features, to the use of flammable materials, to an overall design that is unsafe. Design defects must be proven to be the cause of a product’s harm through a process called product liability. Product liability is the legal responsibility of a manufacturer or seller for a product’s safety or malfunctions. In order to prove a design defect, it must be demonstrated that an alternative design would have been safer. This is known as a “risk-utility” test in which the risks must be weighed against the usefulness of the product. If the risk is deemed too great, then a design defect may be proven. Additionally, a design defect case can also be proven if it can be shown that the manufacturer was aware of a potential risk but disregarded it. In cases of design defects, the manufacturer of the product is often held liable for damages. This includes payment for medical bills, lost wages, and pain and suffering, among others. For this reason, it is important to ensure that products are properly designed in the first place, in order to avoid costly and time consuming legal action.

Related FAQs

What types of damages can I receive if I win a products liability lawsuit?
What is the difference between a manufacturer’s defect and a design defect?
What remedies are available to a plaintiff in a product liability case?
What are the different types of product liability claims?
What is a warning defense?
What is a breach of warranty?
What types of products are covered under Dangerous Products Law?
What is a “strict application of the law” defense to a product liability claim?
What is an assumption of risk defense?
Who can be held liable in a product liability case?

What is a design defect?

Related FAQs

Related Blog Posts